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

Punishment of the crime

On October 11, 2013, from around 22:00 to October 00, 12, 2010, the Defendant, under the influence of alcohol, exceeded the Defendant’s fright and panty of the victim E (the age of 17) who is a child or juvenile without awareness and sexual intercourse once by inserting the sexual organ into the part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the mental disorder or impossible condition of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to each investigation report (related to CCTV video data / glarging the conversation between the suspect and the victim, divided by the victim);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing on the grounds of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it shall be determined that there are special circumstances for not disclosing and notifying the personal information of the defendant, considering the following: (a) the defendant has no previous conviction for the first half of the 30th century; (b) the defendant has led to the confession of the crime of this case; and (c) the defendant has to support the father who suffers from cerebral aftermathy; and (d) the defendant seems to have to support the father who suffers from cerebrova

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Application of the sentencing guidelines [Determination of a type] sexual crimes, general standards, rape (subject to at least 13 years of age), Type 2 (Rape/Special Rape, etc. in Connection with Relatives) (Special Rape/Special Rape: None of the factors to mitigate : the range of recommendations].