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

Punishment of the crime

The defendant is between the husband of the victim B (here, 32 years of age) and the father of the family.

At around 03:00 on May 6, 2019, the Defendant, at around 03:0, performed drinking with the husband of the victim and the husband of the victim in the domicile of the victim in Gangseo-gu Seoul Metropolitan Government, and had sexual intercourse with the victim who was unable to keep the mind of drinking properly with the husband of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes to genetic testing certificates and legal chemical appraisal certificates;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure 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; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that there is no record of punishment for the same crime; the fact that the registration of personal information and taking lectures in the treatment of sexual assault can only be seen as having an effect of preventing recidivism by the defendant; and other matters such as the degree of disadvantage and anticipated side effects of the defendant's entrance due to disclosure or notification orders;