A defendant shall be punished by imprisonment for two years.

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

At around 04:30 on April 30, 2019, the Defendant, at the office of the Defendant, at the building of Osan City, and the office of the Defendant located in No. D, after receiving contact from the Defendant’s friendship E, that the Defendant would resume at the Defendant’s home with the Defendant’s friendship, the Defendant first sent the Defendant’s friendship Victim F (the name, f., 20 years of age) (the name, f., f., and 20 years of age).

At around 09:00 on April 30, 2019, the Defendant had sexual intercourse with the victim by putting the victim's body and panty up at the same place, putting the victim's boom and panty, inserting the sexual organ into the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A statement prepared by the victim;

1. The application of Acts and subordinate statutes concerning reports on internal accidents;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; 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; thus, it is difficult to readily conclude that the Defendant has no record of punishment for a sexual crime previously committed; the Defendant’s risk of recidivism, such as the registration of personal information against the Defendant and the taking of sexual assault treatment lectures, etc. are likely to have an effect of preventing recidivism to a certain extent; the disclosure or notification order can be achieved by the order compared to the disadvantages and anticipated side effects that the Defendant will suffer.