A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 27, 2013, at around 03:55, the Defendant: (a) committed similar rape by taking advantage of the victim’s state of difficulty to resist, such as: (b) D 2-2 in Jung-gu Incheon, Jung-gu, Incheon; (c) friendly E and her female-friendly job offers victim F (the age of 29); (d) her drinking together with the victim’s speech, and (e) her diving, including the victim, and (e) her diving while under the influence of alcohol, and (e) her was under the influence of alcohol; and (e) her fingers were collected several times in a state of difficulty to resist; and (e) the victim’s chest was omitted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. Whether a case constitutes “any special circumstance to be prohibited from disclosing or notifying the personal information” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 as an exception to disclosure and notification orders shall be determined by comprehensively taking into account the Defendant’s age, occupation, characteristics of the offender, such as the nature of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure or notification orders, preventive effects of the sexual crime subject to registration, effects on the prevention of sexual crimes subject to registration, and effects on the protection of victims of the sexual crimes subject to registration, etc. (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).