A defendant shall be punished by imprisonment for two years.

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

Around 02:20 on July 9, 2015, the Defendant: (a) completed a ceremony at D stores located in Jongno-gu Seoul Metropolitan Government Jongno-gu, and, (b) had the victim E (the age of 24) drunkd with F employees of the said company F, and placed the victim E (the age of 24) on the floor before the floor of the 1st floor of the store room, and (c) went to F, who called “B, with the third floor, so you have come to the upper floor and come to the upper floor.” At around 02:55, the Defendant: (a) confirmed that the F was going to the outside of the store; (b) confirmed that the F was cut to the outside of the store and confirmed the correction devices of the store entrance; and (c) took off the victim’s clothes, at around 03:03, the F returned to the store, and locked away the victim by leaving the door back to the store.

The Defendant re-verificationd the state of correction of store entrance and exit, which occurred from the above F, around 03:11, and exceeded all clothes of the victim, and sexual intercourse with the victim from around 03:18 to 03:40.

Accordingly, the Defendant had sexual intercourse by taking advantage of the victim's state of difficulty to resist, which had been under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (on-site CCTV analysis);

1. Application of CCTV Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 (1) of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The range of recommendations on the sentencing guidelines [decision of types] the range of recommendations on the sentencing guidelines; the group of sex crimes; rape (subject to at least 13 years of age); the group of general rape (special mitigation element); the serious reflect [general mitigation element] the scope of recommendations and recommendations [the scope of recommendations and recommendations] mitigated area; one year and six months to three years;

3. Determination of sentence: Two years of imprisonment and three years of suspended sentence;