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.

Punishment of the crime

Around 08:30 on January 15, 2015, at the Fel 612 room located on the sixth floor of the building E in Gyeyang-gu, Seoyang-gu, Yangyang-gu, the Defendant: (a) placed the victim G (the 22 years of age), who had drinking together at the above her neighboring drinking house, was unable to see the awareness under the influence of alcohol; (b) placed the victim on the part of the above her bed from the bed; and (c) put the victim into the bed at the bed; and (d) put the victim’s her bar and panty into the part of the victim’s sound by taking advantage of the state of her failure to resist.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. The application of police investigation reports (the application of Acts and subordinate statutes to search for the counter party of the Felel business, guest rooms at the scene of crimes, and CCTV photographs of the first floor of the E building);

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

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

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

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to

1. In full view of all circumstances, including the fact that the defendant's personal information is not disclosed or notified to the public, the reason for sentencing on the punishment of a sexual crime exempted from disclosure or notification order, Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the first offender, and the defendant appears to have committed the crime of this case somewhat contingent and impulsely, and in this case, the defendant seems to have an effect to prevent recidivism to a certain extent by taking part in the registration of personal information and taking part in sexual assault treatment courses, etc.

1. Type 1 (General Rape) shall be the scope of recommended sentencing guidelines (a decision of type).