A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On July 2, 2013, when the Defendant was under the influence of alcohol and had weak ability to distinguish things or make decisions, the following day when the Defendant was under the influence of alcohol, at the Defendant’s domicile located in the C Apartment 103 Dong 1001, Da 1001, the Defendant was under the influence of alcohol, and was under the influence of drinking together with his family members, with the victim D (Influen, 24 years old) who was under the influence of alcohol and was under the influence of drinking alcohol.

7. 3. At around 02:30, the victim had sexual intercourse with the victim, and had sexual intercourse once after being off the clothes of the victim who had been under influence of alcohol, by entering a small room.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's blood victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written victims;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Mitigation of mental disorders under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

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

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) and (3) and 50 (1) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for one year and nine months to seven years; and

2. The range of sentence according to the sentencing guidelines (determination of types of punishment), general standards, and factors to mitigate the types of punishment (special-speed persons) among the crimes of rape (subject to at least 13 years of age): Imprisonment with prison labor for not more than 3 years to 5 years (subject to mitigation);

3. Determination of sentence: Imprisonment with prison labor for three years, and suspended execution for four years; the crime of this case is committed by the defendant with sexual intercourse by taking advantage of the victim's state of impossibility to resist; the crime of this case is very poor and anti-humane; and the victim suffers considerable mental pain due to the crime of this case.