2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Around 04:00 on December 14, 2014, the Defendant drinking alcohol with D, victim E (n, 22 years old), etc. at the line of ship D located in Silung-si, Silung-si, together with D, victim E (n, 22 years old). After drinking in a ward, the Defendant confirmed that the victim was under the influence of alcohol at a small bank, and entered a small bank, and entered the victim’s part and panty, up to the victim’s panty, and down the victim’s part and panty, she exceeded the part of her own, and inserted the victim’s part of her sexual organ into the part of the sound of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement of E and D;

3. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the crimes;

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

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

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or lecture attendance order;

5. In full view of the various circumstances indicated in the records, such as the details of the instant crime, Defendant’s age, character and conduct, occupation, environment, and family relationship, the sentencing of the Defendant is based on 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 (the Defendant appears to have committed the instant crime in a dynamic manner while drinking; (c) the victim and the victim appear to have agreed to have been punished for a sex offense; and (d) there is no record of punishment for a sex offense; and (e) weighing the profits and preventive effects expected by an order to disclose or notify the Defendant’s personal information, and the disadvantages and side effects therefrom, it is deemed that there is a special circumstance that the disclosure