A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 03:00 on November 15, 2017, the Defendant: (a) was under the influence of alcohol while drinking the victim E (26 years old); (b) discovered the victim E (here, 26 years old) who was fluencing the Defendant’s friendly B with the Defendant’s fluencing engine, and went into the house, and (c) was flucing the Defendant’s sexual flag into the victim’s flucing body, with the Defendant flucing the Defendant’s fluencing at the front line of the Dack-gu D (Seoul Special Metropolitan City on the same day; (b) went into the victim’s flucing body at around 04:26 on the same day; and (c) was flucing the victim’s clothes on the part of the victim’s sexual organ, and fluing the Defendant’s sexual organ into the part of the victim’s flucing body.

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

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police protocol of statement with respect to E (alias) and B;

1. Each protocol of seizure and the list of seizure;

1. Each CCTV image;

1. Application of Acts and subordinate statutes to each investigation report (with respect to the receipt of a victim's complaint and the attachment, etc. of case documents, with respect to the attachment of a list of 112 reported cases, with respect to the results of response to requests for appraisal, with respect to CCTV images, Internet guidance attachment, and telephone conversations

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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 notify information; 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; the Defendant has no record of being punished for a sex offense; personal information registration; taking lectures in sexual assault treatment; and preventing recidivism through employment restriction.