A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a victim E (the age of 18 at that time) and a person who becomes aware of the relationship between a school line and a post-school line.

On June 4, 2015, the Defendant: (a) in G Dong Ri room in the Daegu-gun F, Daegu-gu, on June 4, 2015; (b) while studying together with the victim, the Defendant said that “I wish to drink” the victim; and (c) dice in a restaurant by means of multiplying the victim’s wife with the victim.

At around 03:00 on the same day, the Defendant took the victim from the same club room again, and, under the influence of alcohol, took off the clothes of the victim by using the victim’s condition that the victim is unable to resist, put the victim’s sexual intercourse into one time by inserting the Defendant’s sexual organ into the part of the victim’s sound, and thereby, the victim was able to undergo approximately a week medical treatment.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the impossibility of resistance and caused the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of a medical certificate, the result of a request for appraisal by the National Institute of Scientific Investigation for Science and Investigative Research) and investigation report (the verification as to whether the victim's water is recovered and the suspect's other

1. Relevant Article of the Criminal Act and Articles 301 and 299 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant confessions and reflects a crime, the defendant has no record of committing a sex offense, and the degree of coercive force exercised against the victim is not severe, and the circumstance of the crime in this case and relationship with the victim, etc. are considered as sexual crimes against the defendant.