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

1. On April 16, 2016, the Defendant: (a) while drinking the victim E (one’s name, two-year old age) at the “DN club” of the 8th floor of the Il-dong-gu, Mangdong-gu, Yongsan-gu, Busan (U.S.) and drinking together, the Defendant got the victim to have sexual intercourse with the victim who has lost his mind under the influence of alcohol.

On the same day, at around 03:20, the Defendant, at the F hotel No. 639 of the sixth floor of the C building, went off the clothes of the victim who lost his mind and has sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. After having sexual intercourse with the victim at the time and place set forth in Paragraph 1, the victim was trying to escape from the victim’s mind, which prevents the victim from escape, such as taking the victim’s personal attack, taking the defendant’s head scam and scams, and scambling the victim’s head and scams, making the victim go beyond the victim’s head and scams, thereby making the victim go beyond the victim’s 28-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to E by the police;

1. The written statement of victim, written statement and written confirmation of investigation process with respect to E;

1. A medical certificate of injury and an explanatory note (written response to a request for appraisal by the National Institute of Scientific Investigation);

1. Application of the Acts and subordinate statutes governing CCTV images of the crime scene;

1. Relevant Articles 299 and 297 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the sum of the long-term punishments of the crimes concerning quasi-rape heavier punishment is added);

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 consideration shall be made again for the reason of sentencing);

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

1. An order for disclosure;