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

On March 6, 2015, around 19:00, the Defendant d, while drinking alcohol together at the alcohol house near Dongdaemun-gu Seoul, Seoul, and the victim E (n, 22 years of age) and two other persons, who are his/her birth, drinking alcohol together until March 6, 2015, and drinking alcohol by around 23:59 on March 6, 2015, while moving together to the victim's house in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and drinking alcohol together until March 7, 2015.

After completing a drinking place, victim E was locked by entering a room, and the defendant and D et al. were locked in the ward.

On March 7, 2015, the Defendant, at around 06:00, entered the room of the victim by shouldering the victim, and, at the same time, was in sexual intercourse with the victim by putting off the victim’s fright and panty tyty with using the victim’s state of resisting the victim under the influence of alcohol, and inserting the Defendant’s sexual organ into the victim’s sexual organ at the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Written opinion of Maternate and Maternate;

1. Application of Acts and subordinate statutes on criminal investigation reports;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration).

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

5. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 are against all the confessions of their crimes, and the accused has no record of committing a sex offense.

In full view of the fact that the family members and relatives of the defendant indicate the defendant's intention of active edification, and the background and result of the crime of this case appearing in the pleading of this case, the profits and preventive effects expected by the disclosure order or notification order, and the disadvantages and side effects resulting therefrom, etc.