A defendant shall be punished by imprisonment for not less than two years 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

Around 04:00 on July 13, 2013, the Defendant, while returning the victim D (18 years of age, n) to the Dogdog Dog Dog Dogdog, used the victim's body in a state where the victim was drunkly drunk and the victim was unable to properly hold his body, put his hand into the victim's hand on several occasions, and put his hand into the part of the victim's bar.

As a result, the Defendant committed similar rape against a juvenile who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field map and investigation report (to hear and report the victim's D phone statement);

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 21 (2) (main sentence), (4), and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. Extent of the recommended sentence based on the sentencing guidelines [decision of types] group of sex crimes, general standards, and type 2 (Special Rape of Juveniles) among the crimes of rape (subject to at least 13 years of age): The mitigated element of the punishment [the scope of the recommended sentence]: Imprisonment with labor for a range of three to five years;

3. In light of the following circumstances, the crime of this case by which the Defendant was sentenced to punishment: (a) was committed by a female juvenile under the influence of alcohol, booming the fingers of the female juvenile; and (b) committed similar rape by inserting the fingers into the drinking part; (c) the victim’s age, method, and content of the crime; and (d) the victim’s age appears to have suffered a large mental shock and pain due to the instant crime, it is necessary to strictly punish the Defendant.

(b).