A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 02:00 on September 22, 2015, the Defendant discovered the victim D (the age of 32) who was under influence of alcohol on the road side of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, and laid off the victim into the taxi and 506 Moel in Seodaemun-gu, Seoul.

On September 22, 2015, the Defendant, at around 03:00 on September 22, 2015, went under the influence of alcohol, lost the mind of being drunk in the above telecom, was placed on the bend, exceeded the victim in a spande, brode, panty, and panty, exceeded the victim's chest, etc., and was brupted by the victim once.

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 D;

1. Application of each request for appraisal-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of registered information may have a significant impact on the defendant; the following circumstances acknowledged in the record; the defendant is an initial offender who has no criminal history; the defendant did not want to punish the defendant; the defendant's consent with the victim that the damaged person does not want to be punished; the defendant's age, occupation, family relation, social relationship, and other benefits and preventive effects expected by the disclosure and notification order of this case; and disadvantages and side effects therefrom; the disclosure of personal information of the defendant; and the disclosure of such information.