A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 02:20 on July 23, 2012, the Defendant made a meeting with the victim F (V, 18 years old) who is a part-time trainee employed by the Defendant in the “E” restaurant operated by the Defendant of Daegu-gu D, Daegu-gu.

The Defendant was placed on the cafeteria by the victim, who was drunk by the victim, and was unable to hold the victim, along with G, who is another knife other knife, on the part of the above cafeteria, and went out of the above cafeteria.

Around 05:00 on July 23, 2012, the Defendant returned to the above restaurant, and was under the influence of alcohol, and brought about the victim in an impossible state to resist. The Defendant: (a) laid off the jackets of the victim; (b) laid the victim’s chest by hand; and (c) laid down the victim’s chest by hand; and (d) laid off the victim’s chest by him, and then laid off the victim’s chest into the part; and (b) laid off the victim’s chest into the part; and (c) inserted the sexual organ into the part.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning G;

1. The written statement of each police officer against victims and G;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (specific suspect cases, copies of resumes, requests for genetic appraisal, and victim telephone investigation);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

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 consideration shall be made again for the reason of sentencing);

1. Probation and lecture attendance order Article 62-2 of the Criminal Act, the main sentence of Article 13(1) and Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the decision of types] of sexual crimes: rape/special rape [Special Rape] by blood relatives, such as intrusion of residence, etc. [the scope of recommendations] mitigation area / [the scope of recommendation area] mitigation area / [the scope of recommendation area] 3 to 5 years and 6 months [the general person] mitigation area - the reflective nature of mitigation element - the state of aggravated mental or physical disorder.