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

On February 4, 2017, the Defendant, from around 21:30 on February 21, 2017 to around 05:00 of the following day, she, as well as the victim E (n, 37 years of age) of friendship D and his/her female-friendly job offers, went together with the victim’s house located in the Bupyeong-gu Incheon Metropolitan Government F building No. 801.

At around 08:00 on February 5, 2017, the Defendant: (a) cut locked at a small room of the above victim’s house; (b) discovered the victim who was diving in the inner bed in a toilet at the inner bed room; (c) had sexual intercourse with the female; (d) had the victim’s clothes in a state of resistance impossible due to his and her drinking and lodging; and (e) had sexual intercourse with the female once.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or the impossibility of resistance as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes of the response request for appraisal;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. In full view of the Defendant’s age, environment, family relations, criminal records, and the risk of recidivism (no sex crime) of the Defendant’s age, the profits expected by an order of disclosure notification and the effect of prevention, disadvantages and side effects, etc., there are special circumstances in which the disclosure of Defendant’s personal information may not be announced, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure notification; (b) Articles 49(1) proviso and 50(1) proviso of the Act

[Determination]

Reasons for sentencing

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

2. Application of the sentencing criteria (a type of sex offense).