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, between January 11, 2019 and 14:30, from around 13:00 to around 14:30, up to 107 of the entertainment drinking house C, which is located in Gangnam-gu Seoul, and the victim D (Gain name, female, age 19) who was an employee drinking together, was exempted from the clothes of the victim who locked while drinking alcohol, and inserted the Defendant’s sexual flag into two parts of the sound of the victim.

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 by the police in relation to D;

1. A gene appraisal report and an appraisal report;

1. On-site pictures, such as the contents of characters, paintings, field pictures, seven copies of on-site photographs, ctv course photographs;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the accused has no record of criminal punishment for sexual crimes prior to the instant case, and is likely to have the effect of preventing recidivism even by imprisonment with prison labor for the accused (the suspension of execution of sentence, registration of personal information, an order to attend school for treatment of sexual

In addition, the age, environment, family relationship, social relationship, method and result of the crime, and the disclosure and notification order of the defendant, the level of disadvantage and anticipated side effects of the defendant's entry.