A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Criminal facts

Around 03:30 on March 18, 2018, the Defendant and D drink with the Victim F (name, leisure, 20 years of age) who was aware of the Defendant at a club, etc. located in Mapo-gu Seoul Metropolitan Government, and drinked with the Victim F (name, age 20). From around 13:00 on the same day to around 14:00 on the same day, the Defendant was fluored with the Victim under the influence of alcohol between 14:00 on the same day, and she was familiar with the Victim Gel 208 located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu Gel 208, and then she was fluord with his/her finger and her finger on the Victim’s the victim’s drinking condition. Using the victim’s resistance impossible condition, the Defendant first had sexual intercourse with the victim once, and D had sexual intercourse once again with the victim.

The defendant, in collaboration with D, has sexual intercourse with the victim who is in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and examination of suspects by the prosecution with regard to D;

1. Application of the Acts and subordinate statutes of the United States Armed Forces, such as a written self-written statement, a written complaint, a statement of the victim, a mountain father and a medical opinion, a photograph, a telecom account receipt, CCTV video, a gene image, an agreement, and a written agreement;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act, and the choice of imprisonment for a limited term;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment; social ties; criminal record and recidivism risk; (c) profits and preventive effects expected from an order to disclose or notify the information; and (d) disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the accused’s personal information;

[Determination]

1. Children and juveniles;