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

On February 10, 2016, from around 13:00 to 13:30, the Defendant was under the influence of alcohol in the three-story room of the victim E (Inn, 19 years old) who was under the influence of alcohol in the Doo-gu, Seocheon-gu, Seocheon-si, Seoul, and had sexual intercourse once with 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 police for E;

1. Application of Acts and subordinate statutes of one copy of the records of accommodation in a DNA telecom;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of the following circumstances: (a) 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; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the Defendant’s age and occupation, social relationship; (e) type and motive of the crime; (e) type and motive of the crime; (g) the process and consequence of the crime; (e) the existence of the same electric power; (e) the risk of repeating the crime; (e) the disclosure and notification orders; and (e) the degree of disadvantage the Defendant was at the disadvantage of the Defendant due to the expected side effect

(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is applicable to a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. The scope of punishment by law: Imprisonment; and