2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

On November 4, 2018, at around 00:0, the Defendant, at the 'C' club located in Busan Jin-gu, Busan, for the purpose of committing rape with the Defendant, was aware that the Defendant was able to commit rape while drinking together at the 'F in E' store where the victim D (name, leisure, age 29) was living together.

On November 4, 2018, around 05:40 on November 4, 2018, the Defendant got off the victim’s 'HMoel' under the name of 'Hmoel' in the Geum-gu G of Busan, and got off the victim’s fright and panty, and had sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim in a state of mental disorder under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. Application of the statutes on response to requests for appraisal;

1. Article 299 of the Criminal Act and Articles 299 and 297 of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (the consideration of favorable circumstances among the reasons for the punishment for punishment by imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempted from disclosure or notification orders, 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, the Defendant’s age and social ties, criminal records, details and motive of crimes, methods and consequence of crimes, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to disclosure or notification orders and employment restriction orders, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, shall not be disclosed or notified, or the employment of children and juveniles-related institutions, etc. shall not be restricted.