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

On October 1, 2016, at around 05:00, the Defendant: (a) had been aware of the victim E (the 37 years of age) who had been seated prior to the D convenience point in Chungcheongnam-si; (b) had a mixed drinking and drinking alcohol; (c) had the victim returned home first, and (d) had the victim called “her remainder of drinking” with the victim’s “the victim called “her remainder of drinking”, and was found to have the victim’s house.

After that, at around 08:00 on the same day, the Defendant, while drinking alcohol as the victim at the victim’s house located in F in Chungcheong City, was drunk, and the victim was able to see that the victim was able to her only Ga, and the victim was her sexual impulse, and was her sexual impulse, and was her raped by inserting the victim’s panty, in a state of failing to resist, and inserting her sexual impulse into a negative part once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, environment, social ties, criminal record (no sex crime record) recognized as recorded in the record], the circumstances after committing the instant crime and the consequences of the instant crime, (i) the circumstances after committing the crime (i.e., the victim’