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

Punishment of the crime

On August 14, 2016, the Defendant saw the victim F (the 30 years of age, the 30 years of age, the 40 years of age) as the e-learning in Changwon-si, Changwon-si, and played together with the victim's mind, and brought the victim to the surrounding telecom with his desire to rape by working together.

On August 14, 2016, 06:10, the Defendant: (a) placed a victim who has lost his mind under the influence of alcohol at a hel 707 heading room located in Changwon-si, Changwon-si G, Changwon-si; (b) placed the victim who has lost his mind under the influence of alcohol at a bed; (c) laid off the victim’s half panty and panty; and (d) inserted the victim’s chest into the part of the victim’s sound, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A gene appraisal report (the Busan Institute of Scientific Investigation and Investigation of the National Institute);

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (applicable to any crime including any sexual crime before the crime in this case)

It is difficult to readily conclude, only by registering personal information of the defendant and taking lectures to treat sexual assault, the effect of preventing recidivism can be reduced to some extent.