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 July 13, 2016, around 22:30, the Defendant: (a) discovered the victim E (one, two-five years of age) who was expected to sleep on a street in the street near Songpa-gu Seoul Metropolitan Government D apartment and was able to sleep on a street; (b) caused the said victim to board the taxi; and (c) went back to the 811 room of the "G hotel" located in Songpa-gu Seoul Metropolitan Government F.

At least 23:12 on the same day, the Defendant: (a) placed a victim, who was drunk in the above G hotel No. 811, and was unable to resist his body properly, laid off the victim’s clothes on a bed, and exceeded the victim’s own will and clothes, and had sexual intercourse once with the victim by inserting the Defendant’s sexual organ 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 by the police to E (the identity of a victim);

1. A written statement of H employees;

1. Video-recording images of a G tourist hotel, internal photographs of a G tourist hotel 811, and victim's photograph;

1. Application of Acts and subordinate statutes to legal chemical appraisal certificates and gene appraisal certificates;

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 extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community 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 information, 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 have no record of criminal punishment for sexual crimes prior to the instant crime, and the social relation is clear when considering occupation, residence, and family relationship, and the defendant’s recidivism risk seems to be reduced by taking account of the registration of personal information and taking lectures in sexual assault treatment alone.

Therefore, it is true.