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

The defendant is the friendship of male E in the victim D (the family name, the female, the age of 23).

The Defendant, at around 04:00 on May 23, 2016, 7: (a) while drinking alcohol with the above E’s house-based G Studio 204 room, E, and the victim, etc. at the house-based G Studio 204, the house of the above E, which is located in Seojin-gu, Seojin-gu, Seoul on May 23, 2016, she entered a room for his/her

The defendant was raped by putting off his clothes and inserting his sexual organ into the negative part of the victim.

Accordingly, the defendant raped the victim by taking advantage of his mental or physical loss or her impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. A criminal investigation report (related to the damaged part) and a criminal investigation report (Submission of the content of Kakao dialogue with the E);

1. Application of the Act and subordinate statutes to a response to a request for appraisal (2016-W-3961);

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 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 first offender is the defendant, and the registration of personal information and participation in a sexual assault treatment program can prevent recidivism by the defendant only;

In addition, considering the defendant's age, sex, environment, means and consequence of a crime, benefits and preventive effects expected by an order of disclosure or notification, and the degree of disadvantage to the defendant and anticipated side effects, the special circumstances where the defendant's personal information should not be disclosed and notified.