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

The defendant, in relation to the victim C (at 25 years old), was a person with a workplace club relationship with the victim, who drinks with the victim, and the victim spawns, and the victim went to the house of the defendant.

On June 21, 2017, from around 22:30 to around 23:59 on the same day, the Defendant had sexual intercourse with the victim, who was unable to resist due to alcohol at the home of the Defendant, No. 301 of the Ulsan-gu building D, Ulsan-gu, Seoul-do.

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special circumstance that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

The reason for sentencing

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) One type of rape (general rape) of a general standard for determining a type of sex offense;

(b) No punishment for special mitigation is imposed;

(c) Scope of punishment to be mitigated (one year and six months from six months to three years);

3. Circumstances unfavorable to the decision of sentence: The instant crime committed by a private individual on the job has sexual intercourse with the victim by making use of the victim, who is his subordinate employee, under the influence of alcohol.