A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 2, 2018, the Defendant, at around 00:00, carried the victim D (name, 18 years of age) and fright while drinking alcohol in Gwangju-dong-gu, and went to the victim’s room located in Gwangju-dong-gu, Gwangju-gu, with no awareness of being drunk, and then went to the victim’s room at around 03:00 on the same day.

Defendant continued to engage in re-to-faced in the toilets at the above heading room and to engage in sexual intercourse with the victim who is in the bed in the bed at the bed place without consciousness, and was in sexual intercourse by putting the victim out of the victim’s path and panty and inserting his sexual organ into the sexual organ of the victimized person.

Accordingly, the Defendant, under the influence of alcohol, raped the victim by taking advantage of the victim’s non-competence in resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A gene appraisal report;

1. Application of each ctv photographic statute

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possibility of recidivism by the Defendant’s sexual crime; the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order; the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and the effect of protecting the victim from the sexual crime subject to registration, shall not be disclosed and notified to the Defendant.