A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On January 30, 2014, the Defendant listened to the Defendant’s speech that there is a woman being mixed with the E, etc. by drinking more than 17 in 17 in the singing room located in Seongdong-gu, Changwon-si around January 30, 201, and found the victim F (n, 20 years of age) at around 03:26 on the same day.

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;

1. Each police statement made to F, G, E, A, H, and I;

1. A written statement;

1. Each request for appraisal, each report on appraisal, and each report on appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Reasons for sentencing [In full view of the following circumstances: Defendant’s age, family environment, health conditions, criminal records, the risk of recidivism (in the absence of force to punish the same kind of crime) recognized as recorded, the benefits and preventive effects expected by the disclosure order or notification order of this case, the disadvantages and side effects therefrom, etc.] under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order or notification order; and the reasons for sentencing;

1. Application of the sentencing guidelines [Determination of types] general criteria for sex offenses: Type 1 (Special Mitigation Measures) (Special Rapes) (Special Rapes) (Scope of Recommendation and Recommendation), mitigated area, one year and six months to three years (General Mitigation Measures) no history of criminal punishment;

2. Determination of sentence: Imprisonment with prison labor for 2 years and suspended execution for 3 years; the crime of this case committed by the defendant with his natives is found to have sexual intercourse with the victim who was left alone due to drinking at the singing room with his natives and lost his mind; and