A defendant shall be punished by imprisonment for two years.

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

At around 12:00 on December 25, 2013, the Defendant engaged in sexual intercourse once after drinking alcohol with the Victim F (V, 32 years of age) who became aware of through introduction to Daejeon Dong-gu, Daejeon E and on the same day, with the Victim F (V, 32 years of age).

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where the conviction of the criminal facts indicated in the judgment becomes final and conclusive, the Defendant is subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In the proviso of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, “any other special circumstance against disclosure of personal information” means the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the crime, type, motive, process of the crime, result, seriousness of the crime, etc., degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure or notification orders, preventive effects of the sex offense subject to registration, protection of victims of the sexual crime subject to registration, etc.