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

Punishment of the crime

On March 19, 2017, at around 01:00, the Defendant, while under the influence of alcohol, went to the victim E (n, 20 years of age) who was in the same place in Gwangju Dong-gu, and then talked with the victim by putting the victim and her grandchildren, and dividing them into the victim. The victim was not able to have sexual intercourse on the ground floor by taking advantage of the victim’s resistance impossible condition.

The Defendant, from around 01:45 on the same day to around 01:55 on the same day, was engaged in the business of a victim who is unable to sleep his body while entering Gel 205 heading in Gwangju Dong-gu, Gwangju, with a view to entering the 205 heading room. The Defendant, from around 01:45 on the same day, she laid the victim in a state of resistance into the beds, she exceeded the victim’s panty and panty, and had sexual intercourse once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Damage report, investigation report (Attachment of a new check and a copy of receipt), body card and copy of receipt, investigation report (specific suspect), investigation report (Attachment of CCTV images recorded in a method), investigation report (applicable to forwarding of prosecution opinions), gene appraisal report, investigation report (applicable to forwarding of prosecution opinions), and investigation report (as a result of requesting genetic appraisal);

1. Medical records and opinions on sexual assault victims;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Article 299 and Article 297 of the Criminal Act concerning the facts constituting an offense;

1. 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)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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 and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.