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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 13, 2013, when the Defendant came to know that he was working together at the department store C (n, 22 years of age) and around 20:00, the Defendant got her from drinking, and he was able to commit rape with the victim under the Einna 209 located in Ansan-gu, Mayang-gu, whose residence had been living for the device.

Accordingly, the Defendant, while under the influence of alcohol, exceeded the blost of the victim’s blosts and clothes, laid off the chest and blost of the breast, blost of the victim’s body, tightly blosted the victim’s two descendants, forced the victim’s resistance against the victim’s course, and raped the victim by sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Article 297 of the Criminal Act applicable to the crimes;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. Whether a case constitutes “any special circumstance that may not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the case where it is determined that there exist any special circumstances that may not disclose or notify the personal information,” as one of the grounds for exception to disclosure and notification orders, shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure or notification orders, preventive effects of the sexual crime subject to registration, effects of the protection of victims of the sexual crime subject to registration, etc.” (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).