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

On December 21, 2014, the Defendant: (a) around 3:00 on March 21, 2014, at the “D” entertainment drinking club located in C, and (b) around 3:0, the victim E (the age of 23) who is an employee of the said entertainment drinking club, who served with customers, was drunk and did not take food; (c) on the same day, the Defendant went back to the victim’s house located in C, 04:00 on the same day, and went to the victim’s room together with the victim.

At around 04:00 on the same day, the Defendant saw the victim's appearance that can be taken under the influence of alcohol on the part of the victim, and she swornly, she was aware of his/her desire, she was fright behind the victim, she was aware of the victim's chest, she was fluor and panty, she was out of the victim's chest and panty, and she was sexual intercourse once.

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. Each police statement of E;

1. Application of each statute of appraisal;

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. 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) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso 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; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the motive and background leading up to the instant crime; the Defendant and the victim had sexual intercourse under the agreement prior to the draft of the instant crime; and the Defendant has no record of criminal punishment.