Defendant shall be punished by imprisonment for a term of 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

The Defendant is a space between the victim C (V, 19 years of age) and the victim C, from January 2017 to about 10 months.

At around 22:00 on January 22, 2018, the Defendant: (a) performed a telephone call to the victim; (b) performed drinking at the two weeks house located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, and (c) continued to drink in the packaging horse, and (d) the victim, who was drunk, did so to the cab and moved the victim, who was drunk, to the E hotel located in Gangseo-gu Seoul Metropolitan Government D.

On January 23, 2018, the Defendant, at around 01:30, at the above E hotel hotel 805 room around 01:0, the Defendant, under the influence of alcohol, laid off the victim in a state of no consciousness, laid off the victim from the bed, laid off his clothes in the bed, and had sexual intercourse once with the victim.

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 made by the police against C;

1. Complaint;

1. E hotel CCTV images closure photographs, E hotel CCTV CDs and text messages;

1. Application of Acts and subordinate statutes to report on investigation (a CCTV investigation at an generated place and attachment of data submitted to victims);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the reasons for sentencing in the judgment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing as stated in the judgment);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (hereinafter referred to as "Sexual Crimes Punishment Act");

1. In full view of all the circumstances, such as the Defendant’s age, occupation, family environment, social ties, degree of risk of recidivism appearing in a criminal record, and other factors, such as disclosure order or notification order, and disadvantage and side effects therefrom, the Defendant’s personal information is subject to disclosure order.