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

Punishment of the crime

On June 22, 2013, the Defendant, at a D D shop located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government on a new wall, had the victim E (the victim E (the 23-year-old age), who initially flicked and flicked to drink at the same time, had sexual intercourse once with the victim, who was in a state of mental disorder, under the influence of alcohol at 302, G hotel located in Mapo-gu Seoul Metropolitan Government on the same day, was under the influence of alcohol and was under the influence of alcohol, and was under the influence of alcohol on the part of the victim, who was in a state of failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. Whether a case constitutes “any special circumstance to be prohibited from disclosing or notifying the personal information” provided for in 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 as an exception to disclosure and notification orders shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the risk of recidivism, type of the crime, motive, process, consequence, seriousness of the crime, etc., degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure or notification orders, preventive effects of the sexual crime subject to registration, effects of the protection of victims of the sexual crime subject to registration, etc. (see Supreme Court Decision 2011Do16863, Feb. 23, 2012), and the aforementioned legal principles and records (27 years), Defendant’s age, occupation, family environment, social interest, and risk of the disclosure or second offense orders.