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 October 12, 2014, around 12:50 on October 12, 2014, the Defendant, who was parked in the underground parking lot of the Seocho-gu Seoul Metropolitan Government D apartment complex, was broken the Victim F (n, 24 years of age) under the influence of alcohol in the Eknife vehicle owned by the Defendant, but did not occur, and the Defendant was sexual intercourse by inserting the victim's schee using the victim's state of resisting the victim's failure to resist, and inserting the panty and inserting the panty.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes governing requests for appraisal;

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 extenuating circumstances among the reasons 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 education

1. Where a conviction becomes final and conclusive with respect to the crime of quasi-rapeing a sex crime subject to registration of personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure order and notification order, the proviso to Article 49(1), and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [where the accused’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no previous record), the victim’s intent who does not want punishment against the accused, and other circumstances, such as the benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, it is determined that the accused’s personal information should not be disclosed or notified], and the accused falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.