1. The defendant shall be punished by imprisonment for two years;

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

3.

Punishment of the crime

피고인은 2014. 7. 1. 05:00경 광명시 C 앞 인도에 술에 취하여 쓰러져 있는 피해자 D(여, 34세)을 등에 업고, 광명시 E에 있는 모텔의 503호 객실에 들어가, 술에 취하여 정신을 잃은 피해자의 가슴을 혀로 핥고, 피해자의 음부에 자신의 성기를 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement concerning D;

3. A report on the results of field identification;

4. Requests for appraisal; and

5. Application of each statute of photograph;

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

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

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

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

5. The reason for sentencing of sentencing, taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of registered information; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the Defendant appears to have committed the instant crime; (e) there is no record of criminal punishment for sex crimes; and (e) there is no record of criminal punishment for sex crimes; and (g) other circumstances indicated in the records, such as the process of the instant crime; and (e) the Defendant’s age, family relationship, etc., the Defendant’s order to disclose or notify the registered information to the public or notification of the information to the public;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: sex crime group - rape of general standards (subject to at least 13 years of age) - Type 1 (general rape);

(b) special spists;