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 June 18, 2014, at around 01:00, the Defendant, under the influence of alcohol at D Offices No. 1317, Daegu Seo-gu Cofficetel 1317, 201, she was able to report the victim E (V, 41 years old), her clothes, and frighted, her clothes, and laid off the victim’s panty panty, and her fingers.

Accordingly, the defendant committed similar rape by taking advantage of the victim's non-performance state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant Articles 299 and 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. The defendant and his defense counsel's assertion on the grounds of Article 16 (2), (3), and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by Ordering Service and Ordering Education. The defendant and his defense counsel asserted that the defendant was in a state of mental and physical disability under the influence of alcohol at the time of the crime in this case. In full view of the circumstances, means and methods of the crime in this case, the defendant's behavior before and after the crime in this case, which are duly adopted and investigated by the evidence, etc., the defendant was found to have been under the influence of drinking at the time of the crime in this case, but it cannot be deemed that the defendant and his defense counsel lack the ability to discern things or make decisions.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. The scope of recommendations on the sentencing guidelines [decision of types] the general criteria for sex offenses (subject to at least 13 years of age) shall be the basic area of the first category (decision of the recommended area and the scope of recommendation), the basic area of the punishment of the punishment of the punishment of the punishment of the punishment of the punishment of the imprisonment, the adult similar rape from August to April 3 shall be included in the first category, and the upper and lower limits of the scope of punishment shall be reduced to 2/3;

- [General Convicts]