Defendant shall be punished by imprisonment for a term of 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 December 14, 2014, 12:00 to 13:00 Gwangju Northern-gu, the Defendant has sexual intercourse with the victim by taking advantage of the victim’s state of resisting the victim’s will and panty in the victim D (in female, 19 years of age) who was locked in his/her residence, and having sexual intercourse once with the victim.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The application of Acts and subordinate statutes that include statements made by an assistant judicial police officer to the statements prepared by the victim;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) cannot be readily concluded that the defendant has no criminal records, and considering the possibility of edification within home and society, circumstances where there is a need to do so, as he/she temporarily closed down his/her university and

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types of sex offenses) and the general criteria for rape (the persons under 13 years of age or older) (the first type), the general rape (the scope of recommending punishment), the non-compliance of punishment (the scope of recommending punishment), and one year and six months to three years (the area of mitigation);

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and suspended execution for two years shall not apply to the case where the defendant has sexual intercourse with the victim by taking advantage of the victim's potential to resist;

On the other hand, the defendant did not have any history of punishment for the same crime, stated himself in the investigative agency, and made efforts to recover the damage of the victim.

The sentencing factors as above, various conditions shown in this case, and the scope of recommended sentencing guidelines of the Supreme Court shall be determined as per the disposition.

A judgment of conviction is made on the facts of a crime which is registered with personal information.