Defendant shall be punished by imprisonment for a term of 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

At around 04:00 on January 1, 2019, the Defendant: (a) was the captain of a C cafeteria where the victim B (n, 19 years of age) had been on part-time service; and (b) was in the “E” restaurant located in Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu (E) with the victim and her mother, who had been under the influence of alcohol, she was able to sleep with the victim and her mother, and she was able to go back to the next day.

At around 07:23 on the same day, the Defendant: (a) committed sexual intercourse with the victim, who was drunk in the guest room located in the Fho Lake of Daegu-gu, Daegu-gu, with the intent of having the victim engage in sexual intercourse with the victim's will; (b) exempted all clothes of the victim; (c) exempted the victim from the victim's clothes; and (d) left the victim's chest promptly and left the victim's chest by hand, and (e) retired from the victim, the Defendant inserted the victim's sexual organ into the part of the victim's drinking room, thereby making the victim feel sexual intercourse by using the victim's state of failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to the details of text messages;

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 favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act (Reexamination of Sentencing favorable to the following) of the suspended sentence;

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

1. In addition, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no criminal history against the accused, including sexual crimes, and it is difficult to readily conclude that the Defendant has a criminal tendency against many unspecified victims due to the instant crime.