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

On May 15, 2016, at around 05:40, the Defendant discovered that the victim K(the age of 23) under the influence of alcohol in front of the J of Gwangjin-gu Seoul Special Metropolitan City (the age of Ga, Ga, Ga, and 23) expected at the entrance of Gaba, looked at the surrounding areas, and worked in the victim, etc., and went back to 203 "M" located in the Seoul Special Metropolitan City, Gwangjin-gu L, where approximately 500 meters away from that place.

On May 15, 2016, the Defendant, at around 06:00, 203, breathed a drunk, and breathed a victim who was unable to properly hold his body, was placed on the bed at the bed, and was under the influence of alcohol, was exempted from the victim’s brea and clothes, and was in sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the Defendant’s drinking part.

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 prosecutor with respect to K;

1. Statement made by the police to K;

1. Reports (CCTV image analysis) and investigation reports (related to the response to the request for appraisal);

1. Application of the Acts and subordinate statutes requesting appraisal, such as photographs of the place of occurrence, photographs of the victim's locked place and the location map of the telecom and the closure of the telecom;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 (the fact that the defendant has no record of punishment for a sex crime before committing the instant crime, the registration of personal information, and sexual violence.