A defendant shall be punished by imprisonment for not less than two years and six months.

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.

Punishment of the crime

At around 00:30 on August 1, 2017, the Defendant, who was aware of the victim G (n, 19 years of age) and middle school as Dong N-gu, was in mind of having sexual intercourse with the victim, who was under the influence of the victim’s friendship J and alcohol in Eunpyeong-gu Seoul Metropolitan Government at around 03:44 on the part of the victim’s withdrawal. At around 03:44 on the part of the victim, the Defendant, who was under the influence of the victim’s friendship and alcohol, was placed on the ground of the victim’s above victim’s “Lel” in Eunpyeong-gu Seoul Metropolitan City, and again she ended the above J and alcohol after drinking. However, the Defendant was willing to have sexual intercourse with the victim, who was under the influence of drinking at the above her mother.

Around 04:40 on August 1, 2017, the Defendant had sexual intercourse two times with the victim, such as: (a) by using the state where the victim was under the influence of alcohol without locking the entrance door; (b) opening the door in the guest room; and (c) intrusion into the room occupied by the victim; and (d) using the state where the victim was able to resist by taking advantage of the state where the victim was able to resist, thereby exceeding the clothes of the victim; and (b) inserting his sexual organ into the negative part of the victim.

Accordingly, the defendant invaded into the room possessed by another person, and has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Application of Acts and subordinate statutes by cutting down the accusation and the contents of each Messenger conversation;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof; Articles 319 (1) and 299 of the Criminal Act;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the second sexual intercourse with heavier penalty];

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. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;