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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 10, 2014, at around 19:00, the Defendant drinked the Victim D (Wol, 20 years of age) who was an employee of the liquor house operated by the Defendant in Nam-gu Incheon Metropolitan City, and performed drinking at the restaurant located in the Nam-gu Incheon Metropolitan City, Nam-gu, at around 21:00 on the same day, and again performed drinking at another alcohol house, the Defendant was unable to hold the body by drinking the victim while drinking at the restaurant. On January 11, 2014, the Defendant left the Defendant’s vehicle by burning the victim, and went back to Gelter located in the Nam-gu, Incheon Metropolitan City on January 11, 2014.

The Defendant, under the influence of alcohol, exceeded the clothes of the victim who lost consciousness, and had sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim by taking advantage of that the victim was unable to resist due to being drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to photographs of CCTV photographs;

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 (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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Personal information is personal in full view of the following facts: (a) the Defendant’s age and occupation, the type and motive of the instant crime, the process and consequence of the instant crime; (b) the degree of disadvantage and anticipated side effects that the Defendant would suffer due to the disclosure order or notification order; and (c) the preventive effect of the sexual crime subject to registration that could be achieved due to such an order, etc., under Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; (d) Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse; and (e) Article 50(1) proviso of the Act on the Protection