The sentence against the accused shall be determined by one year and six months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

On May 15, 2014, at around 10:50 on May 15, 2014, the Defendant found the “E” of entertainment tavern in Gangnam-gu, as a customer, and performed drinking at the victim F (the age of 23) who is an employee, and the victim was unable to be able to be aware by drinking alcohol, and the Defendant was sexual intercourse by putting the victim on a shock, she was off his panty, and inserting his sexual flag into the negative part of his female.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police on the statement of the victim F (Attachment to the contents of the Kakao conversation and submission of the victim’s recording file);

1. Application of Acts and subordinate statutes governing the report on occurrence, notification to the department reporting the 112 Incident, request for appraisal materials, each appraisal report, the response site photographs requested to provide communications data, the screen pictures and the recording file stenographys to the extent that they are closed;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the following favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations and sentences for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act;

(a) Determination of types of sex offenses, general standards, rape (subject to over thirteen years of age), and first category (general rape);

(b) Disapproval of punishment for special inmates;

(c) a mitigation area of the recommended territory;

(d) One year and six months of imprisonment to three years of imprisonment; and

2. Determination of sentence;

A. Unfavorable circumstances may not be deemed that the crime of this case was committed by the Defendant under the influence of alcohol by taking advantage of the condition of the victim who lost his awareness, and the nature of the crime cannot be deemed to be minor.

(b) there shall be no criminal records over the same kind or fine to the defendant under favorable circumstances;

The Defendant confessions all of the crimes of this case and reflects them.

The defendant shall be punished by a victim under the mutual consent between him and the victim.