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

The defendant has become aware of the victim D(n, 23 years old) and 'E' through the introduction test.

On July 16, 2017, the defendant, at G located in Seongbuk-gu Seoul Metropolitan Government F on July 21, 2017, drinked with the victim and went to the I hotel located in Seongbuk-gu Seoul Metropolitan Government H, while drinking with the victim.

At around 21:50 on the same day, the Defendant resisted to the victim who was under influence of alcohol in an I hotel 605 room, and the victim who was under the influence of panty, resisted to report.

In spite of the fact that the body listed above the body of the victim is divided into the body of the victim and the body of the victim so that the victim could not resist the victim, and the defendant's sexual organ was inserted into the body of the victim.

As a result, the defendant had sexual intercourse with the victim once by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Details of processing reported cases;

1. Each gene appraisal report;

1. Each investigation report (the sequence 6, 12 of the list of evidence);

1. CCTV output screen;

1. Application of the photographic Acts and subordinate statutes;

1. Article 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 a notification order, 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 defendant has no same criminal record and thus is at risk of sexual assault or recidivism;

It is difficult to readily conclude, and only the registration of personal information on the accused and the lecture attendance order etc. can have an effect on the prevention of recidivism.

In addition, the disclosure order and notification order are likely to cause disadvantages and side effects that the defendant will suffer.