Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 20, 2017, around 07:00, the Defendant, at the D main points located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, together with the victim E (man, name, 35 years of age). On August 20, 2017, the Defendant: (a) had the drinking place; (b) had the victim E; and (c) had the victim’s Gel 503 in Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul; and (d) had sexual intercourse once with the victim under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Investigation reports, internal investigation reports (in a field investigation, securing CCTV images), investigation reports (in an investigation intoCCTVs), investigation reports (in response to a request for appraisal); and investigation reports (in response to a request for appraisal);

1. Application of CCTV image club Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record of punishment for any sexual crime, the fact that the accused has no record of punishment for any sexual crime, the sentence of imprisonment to the accused, the registration of personal information, and lectures in treatment of sexual assault can expect the effect of preventing recidivism to a certain extent

In light of the Defendant’s age, intelligence, family environment, social ties, disclosure order or notification order, the degree and expected side effects of Defendant’s disadvantage due to the Defendant’s disadvantage, the preventive effect of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., special circumstances where the Defendant’s personal information may not be disclosed or notified.