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

On May 18, 2015, from around 22:50 to the next day 04:20 on May 18, 2015, the Defendant entered the guest room in Yongsan-gu Seoul Metropolitan City “Durel” 105, and entered the victim E (the age of 31) who is in a state of resistance impossible due to drinking alcohol and was in sexual intercourse once by inserting the victim’s clothes and clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Receipt of reports on internal investigation (referring to the receipt of reports and measures), and reports on internal investigation (referring to theF investigation of witnesses);

1. The application of each reply to appraisal (victim), reply to appraisal (A) legislation;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Protection and observation, orders to provide community service and attend lectures, the proviso to Article 62-2 (1) and (2) of the Criminal Act, the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where the conviction of a criminal subject to the registration of personal information under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) main text of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of recommended punishment [the types of decisions] according to the sentencing guidelines, the scope of punishment [the scope of recommended punishment] of Type 1 (generally mitigated persons] (the scope of recommended punishment] of the crime of rape (the persons subject to at least 13 years of age]; the mitigation area of punishment (one year and June - 3 years of imprisonment);

2. The crime of this case by which the defendant, who was under the influence of alcohol, had sexual intercourse with the victim, who was in an incompetence of resistance.