A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 23, 2016, the Defendant, at around 07:30, committed similar rape by taking advantage of the victim’s mental disorder or the state of non-performance of ability to resist, such as drinking 603 of EMoel 603 in Mapo-gu Seoul, and drinking 22 years old.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. Application of Acts and subordinate statutes to report on investigation (the results of response to the request for appraisal by the National Institute of Scientific Investigation);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. Grounds for sentencing in light of the following factors: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of having previously been punished for a sex offense; the Defendant’s personal information registration and attending order alone can obtain the effect of preventing recidivism to a certain extent; the Defendant’s age, occupation, character and conduct; the process and method of the instant crime; the Defendant’s personal information; the profits and the preventive effect expected from the disclosure or notification order to the Defendant; and the disadvantages and side effects of the order:

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [Determination of types] general criteria for rape (subject to at least 13 years of age): Provided, That rapes subject to the age of majority shall be included in the category 1, but the upper limit and lower limit of the scope of sentence shall be mitigated to 2/3 (subject to mitigation] and the punishment not (subject to recommendation] shall be mitigated to 2/3 (subject to mitigation); and

3. Determination of sentence: The defendant shall be under the influence of alcohol for the crime of this case for two years of imprisonment with prison labor for a year;