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 02:00 on February 19, 2015, the Defendant proposed that the victim D (Woo, 16 years of age), E (n, 16 years of age), and Defendant’s relative F, who had been drinking together with the Defendant’s first on the street near the opening area in Gwangjin-gu Seoul Special Metropolitan City, proposed that “the victim who had been aware of this, was drinking, she shall be punished by one me for use by one son, four son” in Seoul Special Metropolitan City, 302 on the same day. At around 04:00 on the same day, the victim who was drinking together with the Defendant’s son, who was drinking together with the Defendant’s relative F, was sexual intercourse with the victim, who was able to rape the victim immediately under the influence of drinking at the said place.

Accordingly, the defendant raped the victim who is in an impossible state of resistance.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (related to the country and the results of appraisal and response);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.

The crime of this case is not a sexual crime against many unspecified persons; the defendant does not have the same criminal record and has no record of having been sentenced to suspended sentence or more; in this case, it can be seen that the effect of preventing the recidivism of the defendant to a certain extent through the registration of personal information of the defendant and the lectures of sexual assault treatment.

The defendant's age, family environment, social relationship, etc. can be seen.