A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On July 31, 2013, at around 03:30, the Defendant, at the Defendant’s house located in the Busan metropolitan apartment Da-dong 204, had the victim D (at the age of 20), who was a female living together, was under the influence of alcohol and had the intent to rape the victim.

The Defendant, who was in the hands of the victim, her chestd with the victim's chest, sound, and resistance against the victim's body, and prevented the victim from resisting and resisting the two descendants of the victim's body, and forced the victim's panty and sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Each statement recorded CD;

1. Medical record for victims of sexual assault, reply to requests for appraisal, and response to the results of a false final detection test (A);

1. Application of Acts and subordinate statutes to on-site identification reports and reports on the occurrence of rape;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable reasons among the following reasons for sentencing):

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of punishment by law] 1 year and 6 months of imprisonment - 15 years [the decision of a sentence] sexual crime group, rape (subject to 13 years of age or more), 1 type [the person who is a special offender] and the serious reflect [the scope of recommendation] punished (the person who is a general person] [the scope of recommendation] 1 year and 6 months - 3 years of imprisonment [the decision of sentence] 2 years of imprisonment with prison labor, and 3 years of suspended sentence, the defendant was a victim who was under the influence of drinking and playing in the house of a female living together.