A defendant shall be punished by imprisonment for one year.

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

피고인은 2019. 6. 25. 01:00경에서 02:00경 사이 서울 강남구 B 호텔 C호실 내에서, 술에 취하여 잠들어 있는 피해자 D(29세)의 바지와 팬티를 벗기고 손으로 피해자의 성기를 만지고, 입으로 피해자의 성기를 빤 다음 계속하여 피해자의 몸 위로 올라가 자신의 성기를 피해자의 입에 넣었다.

In this respect, the Defendant committed similar rape by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes of Ethical photography;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Disclosure Order and Notice Order, Exemption of Employment Restriction Order, etc., 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities [the defendant has no record of criminal punishment for sexual crimes before the instant case, and the defendant can be deemed to have the effect of preventing recidivism even by issuing imprisonment with labor (the suspension of execution of sentence, registration of personal information, and

In addition, the defendant's age, environment, family relationship, social relation, method and result of the crime, disclosure and notification order, and employment restriction order shall be comprehensively taken into account the degree and expected side effects of the defendant's disadvantage and the effects of preventing sexual crimes subject to registration and protecting victims, etc.