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

Around 01:00 on August 20, 2018, the Defendant, at the guest room of the Gangnam-gu Seoul Metropolitan City B hotel, carried a victim C (the name, the age of 26) who was under the influence of alcohol, carried the victim’s room, laid off the victim’s body on the bed, laid off the victim’s neck and her clothes on the bed, cut off the victim’s neck and her chest, and sexual intercourse by inserting the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A gene appraisal report;

1. Investigation report (D phone or investigation for reference);

1. Damage photographs;

1. The application of CCTV screen data, CCTV images CDs, and the application of Acts and subordinate statutes;

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

1. 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, 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 proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), and the order to disclose and notify the registered information, and the order to restrict employment, need to be carefully and carefully imposed on the

There is no criminal history against the defendant, and it is difficult to readily conclude that the crime of this case alone has a criminal tendency against an unspecified number of victims, and recidivism is also conducted only by issuing a sentence to the defendant, registering personal information, and taking sexual assault treatment courses.