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

On May 4, 2019, the Defendant first sent alcohol to the Victim B (Y, 26 years of age, name) who was aware of through the Internet game and became the house of the victim in Songpa-gu Seoul Special Metropolitan City around the following day after drinking alcohol.

At around 05:00 to 05:50 on May 5, 2019, the Defendant exceeded the lower part of the victim who was under influence of alcohol at the home of the above victim, and had sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. The application of Acts and subordinate statutes of the agreement, such as quasi-rape report, on-site photographs, police investigation report, each request for appraisal, table for appraisal, gene appraisal, and application of the said agreement;

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

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 repeated 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 an order to disclose, notify, or restrict employment; 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; proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; proviso to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is the first offender who has no record of punishment for sexual crimes before the instant case; the Defendant’s personal information registration of the Defendant and taking lectures in the treatment of sexual crimes are expected to have the effect of preventing re-offending; and