A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “C” in Jinju-si B, and the victim D (n, 18 years old) was a person who was employed in the above C during the period from October 2017 to February 18, 2018.

The Defendant, around 22:40 on February 17, 2018, while drinking alcohol with the victim at the “F” in Jinju-si E, Jinju-si, 2018, was under the situation where the victim was drunk so that the body could not be properly accumulated due to drinking, and the Defendant went to Jinju-si, Jinju-si, where the victim was deprived of and resided.

On February 18, 2018, the Defendant: (a) on February 18, 2018, with the view that the victim was under the influence of alcohol and was locked, and (b) had a mind to rape the victim; (c) took off and her clothes from the victim; and (d) took off the victim’s sexual organ into the part of the victim, thereby having sexual intercourse with the victim.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim's potential to resist by drinking.

Summary of Evidence

1. Legal statement of the witness D;

1. One-time protocol of examination of the accused accused by prosecutors;

1. Stenographic records of the police against D;

1. A complaint filed in D;

1. Each request for appraisal (No. 15, 16 No. 16);

1. Each report on internal investigation (No. 10, 11);

1. Each investigation report (Nos. 28, 30, 34, 39).

1. Application of Acts and subordinate statutes to the submission of documents;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. An order to disclose or notify the registered information under Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from such order, the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, shall be issued to the accused;