A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On June 26, 2017, at the main point of "E" located in Jinju-si, Jinju-si, around 01:30, the Defendant discovered the victim F (n, 22 years of age) who had spawn and drinking, and requested spawn to spawn on several occasions and requested spawn to spawn for four persons together with his friendly G with the victim, while the Defendant spawn in drinking together with the victim's spawn to the extent that the body cannot be accumulated.

After diving, the defendant drinked the victim's mind to have sexual intercourse, and found the victim's studio several times, and entered the victim's studio.

Then, at around 05:00 on the same day, the Defendant found the victim F’s room located in J, Jinju-si, 05:00 of the same day that the victim was drunk and was locked, and found out that the victim was locked and locked, he exceeded the victim’s clothes, dried off the victim’s clothes, and added the victim’s sexual organ into the part of the victim.

As a result, the defendant had sexual intercourse with the victim by taking advantage of the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to the victim F;

1. Application of video-related Acts and subordinate statutes by cutting down stud CCTVs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 (applicable to a defendant who has no record of punishment for a sexual crime and thus has a risk of recidivism or recidivism of sexual assault against him/her;

It is difficult to conclude, and against the defendant.