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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim D(the age of 19) are the relationship that they came to know while part-time work.

On September 23, 2014, the Defendant, while drinking alcohol to the victim, E, etc., tried to detect and rape the victim while drinking alcohol.

At around 04:00 on September 24, 2014, the Defendant, while drunk from Gmoto B02 in Seodaemun-gu Seoul, Seoul, Gamoto B02, Gamoto D, who cannot make resistance due to drinking, and laid off the victim’s clothes, and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to the verification of CCTVs, cards, etc.);

1. Investigation report (related to telephone communications of witnesses);

1. A copy of the content of the investigation report (related to the submission of the content of the Kakao dialogue), Kakao dialogue;

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

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

1. Articles 53 and 55 (1) 3 of the Discretionary Mitigation Criminal Act ( Taking into account factors favorable to the accused among the reasons for sentencing following the sentencing):

1. Article 62 (1) of the Suspension of Execution Criminal Act ( Taking into account factors of sentencing favorable to the accused among the reasons for sentencing following the following reasons);

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and 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 are the primary offenders who have no criminal record. In light of the circumstances leading to the instant crime, it is difficult to recognize that the Defendant has a criminal record of sexual crime; the social relation is obvious; in this case, personal information registration and attending the sexual assault therapy can be seen as having the effect of preventing recidivism by the Defendant.