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

On March 19, 2020, at the restaurant located in Seongdong-gu Seoul Metropolitan Government on March 19, 2020, the Defendant sent alcohol to the victim’s house and changed the place to the residence of the victim in the same Gu C.

At around 02:00 the following day, the Defendant: (a) under the influence of alcohol at the victim’s residence, was under the influence of the victim’s body; (b) was under the influence of the victim; and (c) was sexual intercourse by inserting the chest and the sound part of the victim’s body into the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to B’s genetic appraisal report in B’s written statement of statement, on-site photographs, 112 declaration case processing table, and investigation report (including photographs attached to the victim’s negative part);

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

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism of sexual assault, such as that the Defendant has no record of punishment for a sexual crime previously committed; the Defendant is not a crime against an unspecified person; the registration of personal information and an order to attend education for the prevention of recidivism; and the issuance of an order to disclose or notify