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 5:00 on June 1, 2014, the Defendant: (a) was sexual intercourse with the victim E (the family name, the female, the age of 18) located in the Dong-gu, Dong-gu, Chungcheongnam-gu; (b) was unable to drive the two arms of the victim, while drinking alcohol together with the victim E (the family name, the age of 18) who is a school student; (c) was put up the body of the Defendant on the part of the victim; (d) prevented the victim from resisting the body by shouldering the body of the victim; and (e) forced sexual intercourse on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 297 of the Criminal Code of the relevant criminal facts of the Act (amended by Act No. 820, Jan. 25, 2007; hereinafter referred to as "the defendant's defense counsel") states that the defendant's assault did not reach the extent of the establishment of the crime of rape. However, in full view of all the circumstances such as the circumstance in which the defendant exercised force, the relation with the victim, and the situation at the time of sexual intercourse and the subsequent circumstances, it is reasonable to view that the defendant committed violence to the extent that it makes it impossible or considerably difficult to resist the victim (see, e.g., Supreme Court Decision 2006Do59

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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Order and Notification Order; (b) 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 [the Defendant’s age, occupation, family environment, social relationship, criminal record, and risk of recidivism (no same criminal record exists; and (c) profits and preventive effects expected by the disclosure order or Notification Order and adverse effects therefrom; and (d) the Defendant’s personal information is disclosed.