A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On December 21, 2013, at around 02:00, the Defendant discovered the victim E (the 20 years of age) who wanted to take a taxi by drinking in the vicinity of the Hong subway Station in Seoul, and decided to take the victim's home and to engage in sexual intercourse with the victim, and decided to take the victim's seat at his house and to take sexual intercourse with the son, and then took the victim's destination "F" at the 107-dong G apartment in Seocheon-gu, Seocheon-gu, Seoul.

Since then, at around 04:00 the above day, the Defendant exceeded the clothes of the victim who was locked in the lower court’s residence, and sexual intercourse once, and raped the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer and prosecutor's protocol regarding E;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to each photograph (on-site photographs and CCTV creation photographs);

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

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;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Order and Notice Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Defendant appears to have committed the instant crime contingently; and it is difficult to readily conclude that there is a risk of recidivism or recidivism of sexual assault since there is no record of punishment for sexual assault crime; in this case, the Defendant’s age, degree of risk of recidivism and recidivism; the background and process of the instant crime; and