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

The Defendant is the intention of the “C Council member” located in the 6th floor of Seoul Special Metropolitan City, Nowon-gu, and the victim D (n, 35 years of age) is the business employee of the “E (State),” a pharmaceutical company. The victim was under the influence of alcohol in a restaurant near Seoul Special Metropolitan City, Nowon-gu, from October 17:30 to 21:00 the same day.

The Defendant, as seen above, had the victim committed sexual intercourse with the victim who was so drunk, and had the victim left a G hotel by inducing the victim.

At around 21:30 on October 15, 2018, the Defendant placed the victim on a bed, laid off the victim’s clothes in a bed, laid off the victim’s clothes, and inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Text messages;

1. Investigation reports (including specific places of occurrence, CCTV investigations, etc.), investigation reports (including the contents of letters submitted by the complainants), investigation reports (field CCTV analysis), investigation reports (victims' listening to victim's DNA phone statements), investigation reports (Listening to the victim's annual phone statement), investigation reports (Listening to the victim's voluntary statement), investigation reports (Listening to the victim's male-friendly statement), and investigation reports (STV video verification);

1. Application of statutes on CCTV CDs at the place of occurrence, telephone recording CDs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 16 (4) and (4) of the Act

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Sex Offenses of Children and Juveniles, and the proviso to Article 50 (1): The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 15904 of the Addenda to