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 June 22, 2015, from around 02:30 to 03:00, the Defendant laid off the victim E (the victim, 24 years old, and the name of the victim) who cannot properly hold his body under the influence of alcohol, and laid the victim E (the victim, 24 years old, and the name of the victim) into the bed, laid off the bed, laid off the bed and panty, and inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (to be attached to the teleCCTV);

1. The contents of each Kaxation;

1. Application of Acts and subordinate statutes governing televersing photographs;

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 consideration shall be made again for the reason of sentencing);

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

1. Determination on the assertion of the defendant and his/her defense counsel in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) 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 (in the absence of any criminal record against the defendant; (c) the extent and expected side effects of the disadvantage and side effects of the defendant's admission due to disclosure order or notification order; and (d) the order to attend sexual assault treatment and the registration of personal information against the defendant to a certain extent; and (d) such special

1. The gist of the assertion was that the victim was not in a state of mental or physical disability or impossibility at the time of the instant case, and the Defendant had no intention to have sexual intercourse with the victim by taking advantage of the victim’s

2...