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

On August 21, 2016, at around 03:20 on August 21, 2016, the Defendant discovered that the victim D (the 30-year-old age-) who is a tenant of the Defendant’s residence (the 30-year-old age-) was under the influence of alcohol from the stairs of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the 2nd floor, the residence of the Defendant, and entered the victim’s residence with his panty, thereby gathering the Defendant’s hand, and putting the Defendant’s hand on the part of the victim.

As a result, the Defendant, under the influence of alcohol, committed similar rape by using the victim’s state of impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to investigation reports (as to the statement E by a shot person (as to the statement made by a shot person E), (as a result of the reply of the National Institute of Scientific Investigation by the National

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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 disclosure and notification orders, 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 disclosure and notification order of registered information may have a significant impact on the defendant. The crime of sexual assault in this case is not a crime against many and unspecified persons; the defendant has no record of sexual assault in the same kind; the defendant is expected to have an effect to prevent recidivism even through the registration of personal information of the defendant and the course of the sexual assault treatment program, there are special circumstances under which disclosure of personal information may not be notified to the defendant.

The reason for sentencing

1. The scope of the sentence of recommendation in accordance with the standard table of sentencing [the scope of the recommended sentence] general standards for the crime of rape (at least 13 years of age).