A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant is a student, the victim D (n'e, the age of 19) is his/her native E-gu.

On August 1, 2017, around 22:00, the Defendant drinking alcohol in a ward at around 5, 401, Dong-gu, Incheon, Incheon, including the victim of female-friendly job offering and other daily behaviors.

The Defendant, around August 2, 2017, at the above E’s house around August 2, 2017, had sexual intercourse by putting the victim out of a small room under the influence of alcohol, lockedly, hivers E and other behaviors in other rooms, entering a small room where the victim is under the influence of alcohol, leaving the victim’s panty and panty, and inserting the sexual organ on the part of the victim into the part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each prosecutor's investigation report (referring to the submission of text messages and reports by victims, telephone recording - victim D) and accompanying documents;

1. The application of Acts and subordinate statutes of subparagraph (G) of a response to and recording of requests for appraisal;

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. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure disclosure order; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse [the Defendant’s age, occupation, criminal record, and risk of recidivism recognized in the record (the crime of this case is not an offense against an unspecified person, and thus, is not likely to prevent the Defendant from committing a sexual crime that may be protected as an disclosure order or a notification order; it appears that the Defendant has no criminal record of a sexual crime; thus, there is no possibility that the Defendant

It is difficult to conclude that the instant crime was committed.