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

Punishment of the crime

The Defendant, on April 12, 2018, from around 00:06 to 00:31, 607 of the “Eel” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and from the victim F (name, leisure, age 24) who first became aware of at the preceding club at the same time, was exempted from the string of the victim, who was under the influence of alcohol, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (The CCTV images of the Eelto);

1. Application of Acts and subordinate statutes to photographs, CCTV images CDs, and replys to requests for respective appraisal by cutting down CCTV images;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 3 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

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 Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes before the instant case, and it is difficult to readily conclude that there is no record of criminal punishment for sexual crimes before the instant case, and that there is

In addition, only the sentence of imprisonment with prison labor, registration of personal information, and lecture order for sexual assault treatment can prevent recidivism to a certain extent.

I seem to appear.

In addition, the defendant's age, environment, family relationship, social relationship, method and result of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure notification order.