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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 01:50 on August 5, 2016, the Defendant: (a) divided the victim E (name, leisure, 27 years of age) and the small-scale 2 disease from the “Dju store” located in Suwon-si, Suwon-si; (b) went back to the “Fel” located in Suwon-si, Suwon-si.

On August 5, 2016, at around 04:30, the Defendant: (a) placed a victim who has no mind of drinking, on a bed, on a bed; (b) placed the victim on a bed; and (c) inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the state of the victim who was unable to resist due to the intoxication of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Response to the request for appraisal;

1. Application of the Acts and subordinate statutes governing CCTV images;

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 (in full view of the Defendant’s age, occupation, family environment, and social ties, the details, circumstances, and result of the instant crime, the effect of preventing sexual crimes subject to registration that may be achieved by the disclosure and notification order, the protection effect of the victims of sexual crimes subject to registration, the degree of disadvantage suffered by the Defendant due to the disclosure and notification order, and the anticipated side effects, the Defendant is deemed to have any special circumstance in which the Defendant’s personal information is not disclosed and notified).