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

At around 02:00 on August 3, 2016, the Defendant discovered that the victim F (a) was under the influence of alcohol at the entrance of Gangseo-gu Seoul Metropolitan Government D and the first floor E on the underground level, and added the victim's chest into the victim's chests and brode, thereby drinking the victim's chest into the victim's chests and pande, and knick into the Defendant's negative part.

Accordingly, the Defendant committed similar rape with a victim in a state of impossibility of resisting during the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to one CDs on photographs and images at the scene of a crime by cutting down a course;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 light 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 disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify registered information may have a significant impact on the Defendant; and (c) the Defendant has no record of sexual assault crime; and (d) the Defendant is expected to have an effect to prevent recidivism even with the Defendant’s personal information registration and attending a sexual assault treatment program, there is a special circumstance in which the disclosure of personal information against the Defendant may not be notified.

The reason for sentencing

1. The scope of recommended punishment according to the sentencing guidelines [the scope of recommended punishment] general standards for rape (the scope of punishment shall be at least 13 years), the mitigation area (the maximum and minimum range of punishment according to the above type 1 shall be mitigated to 2/3, respectively, since it constitutes one year to 6 years, and adult similar rape) (the maximum and minimum range of punishment according to the above type 1 shall be mitigated to 2/3) (the non-permanent mitigated person)

2. The criminal defendant who committed the instant case in which a sentence of sentence was rendered.