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

Punishment of the crime

On July 15, 2013, at around 04:00, the Defendant: (a) committed sexual intercourse with the victim E (the age of 23) who met or came to know at the same age club 307 located in Daejeon-gu Daejeon-gu, Daejeon-gu, with the intent of having sexual intercourse with the victim who was under the influence of alcohol.

The defendant, by raising the injured party's standing to the injured party as his hand, frightened the chest of the injured party, exceeded the lower court, and has sexual intercourse once with the injured party.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of difficulty to resist due to the victim's taking and surface.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each request for appraisal (written appraisal, evidence record 42 to 46, 63 to 65 pages) and the application of the Acts and subordinate statutes related to CCTV in the field of the case;

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. Where the instant judgment of conviction becomes final and conclusive on the registration of personal information of this case under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus

In light of the fact that the Defendant, as to whether to disclose or notify the registered information, has committed the instant crime contingently, that the Defendant was not involved in assault, etc. during the instant crime, that the Defendant was the first offender, that the Defendant was aware of his criminal act, that the Defendant’s mistake is divided, that the victim does not want the punishment, that the Defendant’s attitude after the Defendant’s crime was committed, that the Defendant’s age, character and conduct, family environment, etc., it is determined that there is a special circumstance that does not disclose or notify the Defendant’s personal information because it is difficult to view that the Defendant’s risk of recidivism exists and that

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for one year;