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

At around 10:00 on April 1, 2018, the Defendant discovered the victim D (at 20 years of age, 20) who was under influence of alcohol on the front side of the “C club” located in Seocho-gu Seoul Metropolitan Government, and was unable to walk properly, and she was working for the said victim, etc., and she was fel G with the victim in the same Gu E, and she was fel G with the victim in the same Gu, and then laid off the clothes of the victim who was under influence of alcohol, and inserted the sexual organ into the sound part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by the police in relation to D;

1. On-site reports, investigation reports (in relation to the responses to the victim's gene assessment reports), investigation reports (in relation to the attachment of a photograph after the analysis of theCCTV by capturing it);

1. Application of victim photographs and CCTV CD-related Acts and subordinate statutes;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. Articles 47(1) and 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 [it is difficult to readily conclude that the Defendant has no record of criminal punishment for sexual crimes prior to the instant case, and that there is a high risk of repeating a sexual crime. Moreover, the Defendant’s imprisonment with prison labor (a