A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 25, 2018, at around 23:00 on December 25, 2018, the Defendant divingd with the victim and the victim D and friendly E while drinking alcohol in a ward located within the residence of the victim C (a person, fel, 24 years old) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

At around 08:00 on the following day, the Defendant had a mind to have a shoulderer sexual intercourse with the victim, and had access to the victim, who was under the influence of alcohol on the second floor, so as to have the victim go off, and panty, and put the victim's body into the sound part of the victim's body, and put the sexual flag into the victim's body, and spande the victim's body, and spande the victim's body with his hands, despite the victim's resistance, such as flading the victim's body with his hand so as to prevent the victim from participating in the victim's physical loss with his hand so as to prevent the victim from participating in the sound, and threatening the victim from participating in sexual intercourse with the victim continuously.

Accordingly, the Defendant invaded into the room possessed by the victim, and had sexual intercourse with the victim by using the victim's state of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to photographs of victims of crimes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 order to disclose or a notification order, 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 shall have the history of being punished for sexual crimes.