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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 20:00 on December 11, 2014, the Defendant, while drinking alcohol with the victim’s pro-Japanese Ma, together with the victim’s her pro-Japanese Ma, was moving to 305 Gelel located in Gangseo-gu Seoul Metropolitan Government F at around 02:00, while drinking alcohol at around 20:00.

At around 06:00 on December 12, 2014, the Defendant: (a) diversing in the above telecom; (b) she was suffering from panty and shower panty in one’s side by the victim; (c) her panty against the victim; and (d) her panty was off, and the victim was sexual intercourse once with the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of each Act and subordinate statutes requesting appraisal by the National Scientific Investigation Institute;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Whether a case constitutes “any special circumstance to not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification orders, 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 shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the risk of recidivism, the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification orders, the preventive effects of the sexual crime subject to registration, the protection effect of the victims of the sexual crime subject to registration, etc.

Supreme Court Order 23 February 2012