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

On August 28, 2018, the Defendant sent alcohol to the Defendant after drinking the Victim B (the Victim B (the Victim B, 27 years old) who had come to know at a meeting and two other actors.

At around 01:00 to 02:00 on August 29, 2018, the Defendant: (a) at the victim’s house located in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant: (b) under the influence of alcohol, divided the body of the victim into the body of the victim who is frighten in the bed; (c) prevented the victim from leaving the body; (d) prevented the victim from leaving the body, and (e) forced the victim from all panty and panty of the victim; and (e) allowed the victim to have sexual intercourse once.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Recording book, address of the suspect, content of the Kakao, and complaint;

1. Application of Acts and subordinate statutes to a prosecutor investigation report (related to specify the date and time of crime), each police investigation report (victims' documents, and the date and time of crime);

1. Article 297 of the Criminal Act applicable to the relevant criminal facts;

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 repeated in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; 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 proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities has no history of being punished as a sexual crime before the instant case;