A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a "C" shop, and the victim D (the victim's name, leisure, 23 years old) is an employee who has worked at the above shop five days after he was working.

From around 05:00 on August 20, 2016, the Defendant her drinking alcohol together with the victim around 09:00, and her drinking alcohol was added to the victim’s 109-dong E Apartment-gu Seoul, Gangseo-gu, Seoul, 109-dong 807, and the victim under the influence of alcohol was her residence, and the victim was able to drink additionally, and the victim was able to sleep under the influence of alcohol at around 14:00 on the same day and 14:00 on the same day, and added the victim’s her sexual organ to the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to D;

1. The victim's cell phoneF message;

1. Application of Acts and subordinate statutes to a report on investigation;

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. 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 and 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 disclosure and notification order of registered information may have a significant impact on the defendant. The crime of this case is not a crime against many and unspecified persons, the defendant is not a sexual crime, the defendant has no record of a sexual crime, and the defendant's personal information registration and sexual assault treatment program alone is anticipated to have an effect to prevent recidivism. In light of the above, there are special circumstances where disclosure of personal information against the defendant may not be notified.

The reason for sentencing

1. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment);