The punishment of the accused shall be three years of imprisonment.

Punishment of the crime

On August 2, 2014, at around 03:38, the Defendant, at the Seocho-gu Seoul Metropolitan Government, had sexual intercourse with the victim E, a foreigner of Chile’s nationality, who was a foreigner of the Republic of Korea, having danced together at the same time, under the influence of alcohol, in order for the Defendant to expect the body of the Defendant and have no awareness of expectation and awareness, and to have sexual intercourse with the victim. The Defendant led the victim to a space adjacent to the steme, taken the victim into the steme, taken off the pande and down the panty, added the Defendant’s sexual organ into the negative part of the victim, thereby taking advantage of the victim’s state of refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the F by the prosecution (including the G's statement part);

1. Each police suspect interrogation protocol regarding F;

1. Each police suspect interrogation protocol of G (including the statement of F and H among the second suspect interrogation protocol) ;

1. Each police statement of victim E;

1. The police statement of H (including the I's statement part);

1. A written statement of victim E;

1. A victim E's accusation;

1. Each investigation report (related persons' telephone conversations, related persons'J to telephone conversations, and their request for genetic analysis);

1. Each internal investigation report (to attach a note-finding document to a suspected victim, a search and investigation at the scene of occurrence, damage situations, creation of CCTV at the scene, analysis of K hotel CCTV, analysis of clean CCTV, etc., and to attach documents of opinions and opinions to the mountain father and the doctor who treated the victim;

1. The application of Acts and subordinate statutes on the opening of a mersh, CCTV-fashion photograph, club, hotel photograph, or CCTV-fash photograph, hotel CCTV-faging photograph, photographic photograph, club or sexual assault-faging place photograph, CCTV-faging photograph, USB, opinion book, request for communication data, alien registration certificate, and table of request for appraisal;

1. Grounds for sentencing under Articles 299 and 297 of the Criminal Act, applicable to the crimes;

1. Scope of recommendations;

(a) Determination of types of sex offenses, general standards, rape (subject to over thirteen years of age), and first category (general rape);

(b)the basic territory of the recommendations;

(c) 2 years and 6 months of imprisonment with prison labor or 5 years of imprisonment with prison labor, provided that discretionary mitigation is conducted.