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

On April 8, 2016, at around 20:20 on April 20, 2016, the Defendant, at a restaurant and main restaurant near the C Station in Eunpyeong-gu Seoul Metropolitan Government, drinks alcoholic beverages over three times, including the victim D (at least 26 years of age) and went back to 309 "F hotel" in the same Gu E on the following day.

At around 02:00 on the same day, the Defendant, under the influence of alcohol, had sexual intercourse once, with the victim’s Cheongbaba and clothes under his arms, who were under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Legal chemical appraisal report and gene appraisal report;

1. Application of G message statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Grounds for sentencing in light of the following factors: 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 notify information; 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 Defendant has no record of having previously been punished for a sex offense; the Defendant’s personal information registration and attending order alone can obtain the effect of preventing recidivism to a certain extent; the Defendant’s age, occupation, character and conduct; the process and method of the instant crime; the Defendant’s personal information; the profits and the preventive effect expected from the disclosure or notification order to the Defendant; and the disadvantages and side effects of the order:

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommended sentences according to the sentencing guidelines [decision of types] shall be the general criteria for sex crimes (subject to the age of 13) and the factors for mitigation (special rape): Imprisonment with prison labor (subject to recommendation).