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 February 14, 2015, from around 15:00 to 22:00 of the same day, the Defendant, while drinking the victim, and the above E and the above E and E in the male-friendly home of the victim D (nive, 18 years of age), was set diving first at the small room of the above house, and the victim and the above E were set diving from the large room of the above house.

Around 03:00 on February 15, 2015, the Defendant was frighten to rape the victim, and the Defendant was frightened from the victim’s body while under the influence of alcohol due to the large room of the above house, left the victim’s neck and the clothes under his/her arms, which were in a state of avoiding the victim’s body, and she was frightened by inserting the Defendant’s sexual organ into the part of the victim’s sound and sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Reasons for sentencing in full view of all the circumstances such as the Defendant’s age, previous conviction, and risk of recidivism (no same criminal record) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, Article 47(1) and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [where there are special circumstances in which disclosure or notification of the Defendant’s personal information may not be made, taking into account the benefits and preventive effects expected due to

1. Scope of recommendations: A mitigated area (one year and six months to three years) of the crimes of rape (a person aged 13 or older) in the first category;

2. Special mitigation factors: