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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 26, 2016, the Defendant, at E’s house located in Mapo-gu Seoul Metropolitan Government DD building 102, 2804, 102, 2804, and 5, including the victim F (27 years of age), and E, performed drinking, had the victim talked with her mind to rape by taking advantage of the victim’s mental and physical loss status, and had her sleepd off her clothes, sticks, and boomed her part of the body and body.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to F and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a conversation between a complainant and a report related to gene appraisal who is a complainant);

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) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016)

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 (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism of sexual assault or recidivism;

It is difficult to readily conclude.

This does not seem to prevent the defendant from committing sexual assault against an unspecified person in light of the circumstances where the defendant and the victim met, etc.

In addition, considering other circumstances such as the defendant's age, occupation, family environment, social relationship, benefits and prevention effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information, there are special circumstances where disclosure or notification of the defendant's personal information should not be made.

The registration of new commercial information.