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

Punishment of the crime

From November 25, 2015, the Defendant, from around 21:00 on November 25, 2015 to around 21:0, 2015, she drinking alcohol with the victim F (the age of 31) who was his or her wife in the ward for the apartment of Dongdaemun-gu Seoul Metropolitan Government D apartment, and she worked at the above E around 08:30 of the following day, she was discharged from the victim’s bar and clothes, and she was sexual intercourse with the victim’s breast part by hand.

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 with respect to the victim F;

1. Application of Acts and subordinate statutes to each investigation report (as evidence list Nos. 6,7);

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 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 order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.

The crime of this case is not a sexual crime against many unspecified persons; the defendant has no criminal record identical to that of the defendant; in this case, the defendant's personal information registration against the defendant and taking lectures to treat sexual assault can be seen as having the effect of preventing recidivism of the defendant to some extent.

In light of all the circumstances, such as the defendant's age, family environment, and social relationship, the effects of sexual crimes that can be achieved by the disclosure and notification order are relatively relatively compared to the disadvantages and expected side effects that the defendant will suffer.