Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 7, 2015, at around 05:00, the Defendant discovered the victim E (tentative name, leisure, age 21) who was drunked in the end station of the subway 44 subway 1, the Defendant moved the victim to the Domin Station by using the subway, and moved the victim to the Domin Station, at around 07:11 on the same day, at around 07:11, the Defendant moved the victim to the guest room in Geumcheon-gu Seoul Metropolitan Government F.

At around 08:00 on the same day, the Defendant, at the above guest room, she was drunkly drunk, lost his mind, was off from the clothes of the victim locked, was sexual intercourse once, and continued sexual intercourse with the victim at the above guest room at around 11:00 on the same day.

Accordingly, the defendant has sexual intercourse with the victim twice by taking advantage of the victim's non-fluence state.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs extracted from CCTV inside and outside the telecom, oneSK's list of approval marks, and investigation reports (as at the time, the level of the victim's exploitation shall be applied);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed in the crime of quasi-rape committed on or around June 11, 2015, heavier punishment) among concurrent crimes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 (1) of the Criminal Act;

1. Articles 47(1) and 49(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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, family environment, social ties, criminal records (no same criminal record, nor the risk of recidivism), the circumstances and details of the instant crime, and the disclosure order or disclosure order of this case;