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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 3, 2017, around 01:0, the Defendant: (a) sirened the vehicle to talk with the friendship-friendly Gu, Y, which is residing in the Daudio C, 402, and arrived at the main point of the “H” located in the Y in the Y in the Yasan City, 02:30 on the same day.

Defendant 1 had drinking alcohol at the above main point

D D Singing to drink together, and drinking together, the victim I (ning, 19 years of age) who is one of the above daily drivings am on the said vehicle and moved the victim of the drunk to the above C studio.

At around 04:07 on May 3, 2017, the Defendant continued to enter the victim’s studio 402, and had sexual intercourse once by putting the victim’s scam under the influence of alcohol in the beds located therein, raising the scam of the victim’s panty to the lower part of the victim’s panty, and inserting the victim’s scam from the victim’s panty, and inserting the scam into the victim’s panty, and inserting the victim’s scam into the victim’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and K;

1. Each gene appraisal report;

1. Application of each evidence photograph, Cud CCTV-related statute;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (including the Defendant’s age, environment, family relationship, and disclosure and notification order, including that the Defendant has no record of criminal punishment for any other crime as well as any sexual crime).