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

around 22:30 on June 21, 2013, the Defendant, at the main point of the “E” located near Heungdong-gu, Youngdong-gu, Youngdong-si C, drinked with the victim F (n, 19 years of age) and her drinking, returned the defective victim to home, and went out of the main point of the victim.

After that, the Defendant, at around 23:00 on the same day, was deprived of the victim at H middle school playgrounds located in G in Young-gu, Young-gu, Young-si, G, and was placed on the floor of the playground, placed the victim in a state of failing to resist, and panty off the victim's fright and panty, she exceeded the victim's fright and panty, and sexual intercourse once with the victim who was in a state of failing to resist by inserting his sexual organ into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Second protocol of interrogation of the accused by the police;

1. Each police statement made to the F, I, and J;

1. Application of each investigation report, each photograph, each field photograph (Evidence No. 1-4, 6-8, 10-12, 17, and 18) statute

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 (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

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

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

2. The range of sentence based on the sentencing guidelines [decision of types of punishment] the general standards, the crimes of rape (subject to at least 13 years of age), the first category [Special Rape] mitigated elements: Imprisonment with prison labor for not more than one year and six months from six months to three years [general sentencing range] mitigated elements: No record of criminal punishment exists;

3. The crime of this case by which the defendant was sentenced to punishment is committed in the middle school playgrounds near the middle school, where the defendant was in a state of her ability to resist and was breading the victim under the influence of alcohol at night.