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

Around 03:20 on September 20, 2013, the Defendant discovered that the victim E (here, 34 years of age) working as an employee of the said main office in an employee waiting room located in the “D” entertainment drinking club located in Sin-si, Sin-si, was under the influence of alcohol, and decided to have sexual intercourse with the victim. The Defendant made a panty and panty sexual intercourse with the victim by taking the victim’s panty immediately following the victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Relevant Article of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the selection of criminal facts;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;

1. Where a conviction of the instant sexual crime is finalized, the Defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Grounds for sentencing

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. Application of the sentencing criteria: General criteria for rape (special-speaked persons) and general rape (special-speaked persons) for a period of not less than one year and six months but not more than three years (decision on types of punishment) (subject to not less than 13 years of age) - In the mitigated area of punishment [decision on the recommended area] mitigation area of punishment [the scope of recommendation area] mitigation area of imprisonment with prison labor for a period of not less than one year and six months and not more than three years (general-speed persons)

3. Determination of sentence: The victim shall be punished by imprisonment with prison labor for one year and six months, and the crime of this case for three years of suspended execution;