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

The defendant is a person who has been aware of the victim B (n, 20 years of age) and about 3 years prior to the victim B.

On November 29, 2017, at around 00:00, the Defendant, at “Dju” located in the Nam-gu Incheon Metropolitan City, performed drinking together with the victim, and followed the victim’s body, was unable to properly accumulated, made a normal conversation, and repeated discussion, etc., and got off the victim into “Felel” G located in the same Gu E around 02:50 of the same day, the Defendant was sexual intercourse with the victim by cutting off the clothes of the victim, inserting the Defendant’s sexual organ into the victim’s sexual organ, and inserting it into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a investigative report (CCTV verification and additional reception of a genetic appraisal report);

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

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused was placed due to the accused’s order to disclose or notify information, the prevention and effects of sexual crimes subject to registration that may be achieved therefrom, and the effects of protecting the victims of sexual crimes subject to registration, if there are special circumstances in which

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); and the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018).