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 November 21, 2016, at around 05:58, the Defendant 401 "E hotel in Gangnam-gu Seoul Metropolitan Government D" 401 "E hotel (the age of 26) was going to work together with the behaviors of the victim. At around 06:47 of the same day, the Defendant entered the same room and she was living in the same room, and she was living in the same room, and she was living together in the bend of the victim under the influence of alcohol, and she was living together in the bend of the victim's chest, and her her her ambane, her breast part, and added the Defendant's sexual organ into the part of the victim's drinking.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to F;

1. Each investigation report (Evidence list 11, 14, 16);

1. The application of Acts and subordinate statutes of the written request for appraisal and written appraisal;

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. Article 47(1) and Article 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 (the fact that the defendant has no record of being punished as a sexual crime, and the crime of this case alone has a criminal tendency against many and unspecified persons;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only by taking part in the registration of personal information on the defendant and taking part in sexual assault treatment lectures.

In light of other circumstances, such as the defendant's age, family environment, and social relationship, the disclosure and notification order has a big side effect on the defendant's disadvantage and expected side effect, but it can be achieved by such order.