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

The Defendant and the victim B (n, household name, and age 21) are the first space in the smoking room of the "D club" located in Yongsan-gu Seoul Metropolitan Government.

On August 15, 2019, from around 02:38 to 02:55 on the same day, the Defendant: (a) brought about the victim, who was under the influence of alcohol in the smoking room of “D club” in a smoking room; (b) brought about a ice cream; (c) moved out the club; and (d) went back to the victim with the second floor of “F Lestop” in Yongsan-gu Seoul, Yongsan-gu.

피고인은 술에 취한 피해자에게 입을 맞추고 손으로 피해자의 바지와 팬티를 벗기며 손가락을 피해자의 성기에 삽입하였고, 놀란 피해자가 피고인을 밀어내며 반항하자, 피해자의 상의를 벗기고 입으로 피해자의 오른쪽 가슴을 빤 후 재차 손가락을 피해자의 성기에 삽입하였고, 피고인의 성기를 꺼내 피해자의 안쪽 허벅지에 사정하였다.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of the B-written statement;

1. Investigation report (verification of the appearance of a suspect);

1. A report on internal investigation (investigation at the site of a case);

1. Application of Acts and subordinate statutes to a request for appraisal and a request for appraisal;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of punishment by law: Two to thirty years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types).

1. General standards:

(a) The first category of rape (general rape) and the first category of adult rape shall be included in the first category of rape, and the upper and lower limit of the sentence shall be mitigated to 2/3 [Special Aggravation] by reducing the upper and lower limit of the sentence to 2/3: The elements of mitigation of the dynamic and dynamical act or the extreme sense of sexual humiliation: the recommended range of non-compliance.