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

The defendant is a person who attends the Dong National University, and the victim D (the family name, the female-friendly E-employment) is a person who attends the same school and is a female-friendly E-employment of the defendant.

On April 13, 2016, from around 02:00 to 03:00, the Defendant locked alcoholic beverages with E and the victim in the studio of E in racing F.

During that period, the defendant discovered the victim who was divingd in a diving or at a bed, and had the victim feel to rape.

Accordingly, the Defendant, while holding the arms and legs of the victim, was under the influence of alcohol of the victim, was exempted from all the clothes of the victim, and sexual intercourse with the victim once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. Investigation report (related to attaching a sound recording file made by a victim with a suspect) and the application of the Acts and subordinate statutes governing voice recording files filed by a victim;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is in depth against their own crimes; the instant crimes are not sexual crimes against many unspecified persons; the Defendant did not have a criminal record prior to the instant crimes; and the Defendant was