The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Criminal facts

On October 16, 2017, at around 01:40, the Defendant drinked with the victim D (at the age of 18) at the residence of the victim D (at the age of 01:40 on October 16, 2017), and the victim, under the influence of alcohol, had the victim take the body of the Defendant in his/her shoulder, and pushed the victim’s shoulder to rape with his/her hand, so that the victim is placed on the front left, and the victim was pushed off, and the playing victim resisted the Defendant with his/her arms, and resisted him/her against the victim. However, even if the victim was unable to resist the victim against the victim so that the victim might not resist his/her name, the Defendant forced him/her off his/her bar and her clothes, and had sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (fields, such as site photographs, hearing statements of victims);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

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

1. In full view of the Defendant’s age, family environment, growth process, social ties, crime history, risk of recidivism, relationship between the Defendant and the victim, and other various circumstances, including the benefits and effects expected by the disclosure or notification order of this case, disadvantage and side effects therefrom, there are special circumstances where disclosure or notification of the Defendant’s personal information may not be made.

It is reasonable to see as follows.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with labor for a period of one year and six months from one year to fifteen years;

2. The scope of punishment recommended on the sentencing criteria; and