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

At around 02:50 on August 31, 2013, the Defendant: (a) had sexual intercourse with the victim E (the victim, 28 years of age) and the victim, who had drinking in Suwon-si C, was under the influence of alcohol; (b) had the victim’s desire to have sexual intercourse; and (c) had the victim’s desire to have sexual intercourse with Gel 202 with the victim; (d) had the victim walked the panty of the victim; and (e) had the victim’s sexual intercourse by inserting the Defendant’s sexual organ into the negative part of the victim.

Accordingly, the Defendant raped the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. Each report on internal investigation (the No. 2, 3 of the evidence list) and voluntary reports on internal investigation;

1. Five on-site photographs, CCTV video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a screen of CCTV-faging);

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. Grounds for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Probation, Order to Attend

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general criteria for rape (subject to the age of 13) and the mitigation area of punishment [decision of the recommended sphere] mitigated area of punishment [decision of the recommended sphere] mitigated area of punishment [decision of the recommended sphere] one year and six months to three years of imprisonment.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case is deemed to have sexual intercourse with the victim who is under a state of failing to resist, and the nature of the crime is not good;

However, the fact that the defendant has no record of sexual crimes of the same kind, that the victim does not want the punishment of the defendant by mutual consent with the victim, that the defendant has committed the crime, and that the defendant is committed with the mistake.