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 two years from the date this judgment becomes final and conclusive.

Criminal facts

around 01:00 on May 3, 2015, the Defendant d, victim E (n, 25 years of age, her life), etc. d, d, and drinking at the main place located in Western-gu, Seoan-gu, Seoan-gu.

D In May 3, 2015, the victim, who lost his mind, such as the victim's body was unable to take the influence of alcohol, went to the victim at around 01:40 on May 3, 2015 as "Gmotour" 701 located in the West-gu, Western-gu.

At around 02:10 on May 3, 2015, the Defendant had a hand-to-face in the above telecom. At the request of D to find a hand-to-face, the Defendant discovered a victim who is under the influence of alcohol and has lost the mind of being under the influence of alcohol on the part of the above telecom with the request of the above telecom, and found the victim who was under the influence of alcohol and was able to be off the part of the victim's chest, kid on the part of the victim's chest, worn the red sea mixed, and inserted his sexual organ into the victim's sexual organ once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the interrogation protocol of the second prosecutor's office of the defendant

1. Each police protocol of statement of E and H, each police suspect interrogation protocol of I concerning police officers;

1. stenographic records of H in the police station;

1. The police seizure record and the list of seizure;

1. The application of Acts and subordinate statutes to a police investigation report on card description, A Pest North photograph, J key receipt, and each telephone statement; 1. Each police investigation report (to be accompanied by CCTV perusal, Gel K's statement, suspect's single statement and business statement, CCTV perusal, evidential data perusal, telephone statement, victim's statement, and mobile phone voluntary submission statement);

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 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. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;