1. The punishment of the accused shall be two years of imprisonment;

2. Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive;

Punishment of the crime

At around 03:00 on June 28, 2014, the Defendant had sexual intercourse with the victim F (n, 23 years of age) in the hotel E 409 room located in Seocho-gu Seoul Metropolitan Government D.

However, since the victim was scheduled to retire from a workplace in the same month and from June 27, 2014, since around 19:00 on June 27, 2014, the victim was in a state where the body at the time was not properly accumulated because he was in a state of drinking and drinking together with the defendant who was a commercial person in the workplace.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim F;

1. Investigation report (printed screen by cutting off CCTV images from the televers);

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the following favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act;

1. Scope of recommendations;

(a) Determination of types of sex offenses, general standards, rape (subject to at least 13 years of age), and Type 1 (general rape);

(b) Disapproval of punishment for special inmates;

(c) a mitigation area of the recommended territory;

(d) One year and six months of imprisonment to three years of imprisonment; and

2. The instant crime committed by the Defendant, who was the employee of the victim at the time of the instant sentence, had sexual intercourse with the victim, who had been the sexual intercourse with the victim under the influence of alcohol.

It seems that the victim was made a considerable sense of sexual humiliation and mental impulse, and the nature of the crime is heavy.

This is an unfavorable circumstance to the defendant.

There is no other criminal power except that sentenced to a fine of 300,000 won due to a violation of the Road Traffic Act on September 12, 1996.

The Defendant recognized the instant crime and is in profoundly against the Defendant.

The defendant is paid KRW 30 million by the victim.