A defendant shall be punished by imprisonment for three years.

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 03:50 on April 14, 2019, the Defendant, at the house of the members of the Eddridton Association, Edddial B apartment C, performed alcohol with the members of the club, including the victim D (a person, 26 years of age) and the victim entered the room under the influence of alcohol, entered the room under the influence of alcohol by other members, and entered the room under the influence of the victim or the locked victim. At the same time, the Defendant, who was under the influence of alcohol, went back the clothes of the victim, was under the influence of alcohol, and had sexual intercourse once with the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to the contents of a Kakao Stockholm room) and a criminal investigation report (Attachment to the contents of a Kakao Stockholm room);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime subject to registration, etc., if the accused

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) of the Act on Welfare of Persons with Disabilities.