A defendant shall be punished by imprisonment for two years.

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 2016, the Defendant came to know of the Victim E (V, 32 years of age) and sent the contact to the Defendant.

On December 3, 198, the Defendant got the victim to the “G singing shop” located in Busan Shipping Daegu F, while drinking alcohol, and the Defendant did not notify the Defendant of his way of drinking, but did not return to the said singing shop. The Defendant also intending to have the victim go home to the point of singing and return home to the place where the victim was contacted with the victim, and went to the place where the victim was called.

The Defendant, at around 22:30 on the same day, arrived at the victim’s house located in H apartment No. 106, Busan-gun, Busan-gun, and laid off the victim into the above house under the influence of alcohol and laid off the victim into the room room, and had sexual intercourse once after the victim exceeded the victim’s clothes and clothes under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of witness E;

1. A report on the investigation by police and the prosecution;

1. As a result of appraisal, reply to the results of appraisal, victims of sexual assault, communications between text messages, and application of statutes governing the scene of crimes;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

2. 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).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

5. Regarding the criminal facts of the Defendant who registered personal information under Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss an application for compensation order.