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 B (one, another, 32 years of age) are not known to each other.

The Defendant, around July 10, 2019, around the bus stops near the bus stops of 7 subway lines in front of the subway 4-dong, Jung-gu, Seoul, Seoul, with a view to having sexual intercourse with the victim by walking the horses to the victim, confirming that the victim was under the influence of alcohol, and using the victim’s refusal to resist.

At around 00:40 on the same day, the Defendant entered the victim under the Seoul Special Metropolitan City Gwangjin-gu Cirel D with his own clothes, breathing from his clothes, and putting the clothes in the bed part of the victim, and inserted the sexual flag on the part of the victim into the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. The application of Acts and subordinate statutes to each investigation report (the confirmation of CCTV images at the place of generation, the attachment of suspect-specific, and a written request for appraisal, and attachment II of a written request for appraisal);

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities.