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

The defendant is a personal taxi driver in Dro-made.

On January 29, 2014, the Defendant: (a) was under the influence of alcohol in the vicinity of the Rabadong-gu Sindong-gu Office of Yongsan-gu and the Defendant was willing to engage in sexual intercourse with the victim E (the 29 years old and the 29 years old and the 6-year old and the 6-day complex of F Village at the time of the sowing-si; and (b) attempted to take the victim into the destination at the time of the sowing-si; (c) however, the Defendant was unable to keep the destination properly under the influence of alcohol; and (d) was willing to have sexual intercourse with the victim to enter into the telecom.

On January 29, 2014, from around 12:01 to 12:22 on the same day, the Defendant: (a) Hammo 307 room in Goyang-dong G in Goyang-dong, Goyang-si; (b) taken advantage of the state of the victim’s refusal to resist himself under the influence of alcohol, she exceeded the victim’s pande, panty, and panty, and inserted the sexual flag into the part of the victim’s sound.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness to the prosecution, protocol of statement of witness to the prosecution, and protocol of statement of police;

1. Application of the Acts and subordinate statutes to the investigation report(s).

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).

4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to provide community service and attend lectures;

5. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an Disclosure Order and an Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso that the Defendant’s mistake has reached this court, and thus, he/she would not distort