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

On November 19, 2017, at around 11:00, the Defendant already served in the “D” club located in Gangnam-gu Seoul Metropolitan Government, for drinking alcohol in combination with the victim E (the 24 years old and the 24 years old and the 24 years old as well as the f) and drinking together, and the Defendant left the club called “F” to get the victim into the taxi and went to the office of the Defendant located in Yongsan-gu Seoul Metropolitan Government and 104.

On the same day, the defendant exceeded the clothes of the victim in a state of resistance under the influence of alcohol at the office of the defendant and sexual intercourse once.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each gene appraisal report;

1. CCTV video CDs;

1. Application of each text message statute;

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 to mitigate small amount;

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

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. In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the 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 (the Defendant has no criminal record against any unspecified victim); the crime in this case is not an offense against unspecified victims; the sentence of imprisonment to the Defendant; personal information registration; and the order to attend a sexual assault treatment program is expected to have the effect of preventing recidivism; and other circumstances, such as Defendant’s age, environment, occupation, social relationship, risk of recidivism; the type, motive, process, etc. of the instant crime; the benefits expected by the disclosure order or notification order; the effect of preventing sexual crimes; and the disadvantages and anticipated side effects of the Defendant therefrom, the personal information of the Defendant shall not be disclosed or notified.