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 July 1, 2017, at around 03:00, the Defendant, “E, the age club located in Gangnam-gu Seoul Metropolitan Government D, would have sexual intercourse with the victim, who was first under the influence of alcohol. On the same day, around 05:02, the Defendant taken the victim into his GN Si vehicle parked in the front of Gangnam-gu Seoul Metropolitan Government FV vehicle, and had sexual intercourse once with the victim, who was under the influence of alcohol at the back seat of the area.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police at each time;

1. Application of the Acts and subordinate statutes governing CDs in which internal investigation reports (explosion and CCTV), CCTV images are stored;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of all the circumstances such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no record of criminal punishment) and the risk of repeating a crime, disclosure order, and notification order, and the effect of preventing interest expected due to the disclosure and notification order, disadvantage and side effects of the Defendant’s personal information disclosure and notification order, there are special circumstances that need not be disclosed or notified of personal information.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [the types] general criteria for sex offenses: Type 1 (General Rape) [person in charge of sentencing] (Special Sentencing] (Determination of the recommended area and the scope of the recommended punishment], the area of mitigation of punishment, one year and six months to three years; and

3. The defendant who has rendered a ruling of sentence shall not walk properly.