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

On December 24, 2014, the Defendant became aware of the victim D (the age of 30) through so-called “dealking,” at CNa clubs located in Suwon-si Line around the new wall.

Around 02:00 on December 24, 2014, the Defendant, at around 02:0, had the victim bread, her in a state of her ability to resist, used the state of her ability to resist, had the victim her job, and had sexual intercourse one time with the fmotour E in Suwon-si, Suwon-si.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Recording notes;

1. On-site photographs, photographs, photographs at the time of victims, CCTV on-site photographs of the case, on-site photographs, etc.;

1. Voluntary report, each internal investigation report, each 112 reported case handling table, criminal place, request for appraisal, and response to the National Scientific Investigation Institute;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 14, 15, 24)

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. Reasons for sentencing under 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. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The range of recommended sentences according to the sentencing guidelines [the determination of types of punishment] the range of recommended sentences [the general criteria for sex offenses [the persons who are not less than 13 years of age] and the factors for mitigation of punishment (the special rape]: the mitigated range of punishment [the decision on the recommended range] mitigated range of punishment [the scope of recommendation range] one year and six months to three years; and

3. In light of the fact that the crime of this case committed by the Defendant, who was under the influence of alcohol, has sexual intercourse with the victim who is in the state of mental disorder or non-operance, and the crime of this case appears to have suffered considerable mental shock and pain.