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 of the final judgment.

Punishment of the crime

On April 12, 2015, at around 02:00, the Defendant exceeded the victim’s panty and panty in a state of failing to resist by drinking alcohol at around 07:00 on the same day, and sexual intercourse by inserting her sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of the Acts and subordinate statutes to the investigation report (the result of the appraisal of the defendant oral extraction key);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Reasons for sentencing in full view of all the circumstances such as the defendant's age, occupation, family environment, criminal record, and risk of recidivism (no same criminal record) of the defendant's age, occupation, family environment, and criminal record recognized as recorded, the benefits and the effect expected by the disclosure order or notification order of this case, disadvantage and side effects resulting therefrom, etc., it is deemed that there are special circumstances in which the disclosure or notification of the defendant's personal information shall not be made, and the defendant's personal information shall not be made,

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

2. Application of the sentencing criteria: Imprisonment with prison labor for a period of one year and six months from six months to three years (the scope of recommending punishment); general standards for the crime of rape (subject to the age of 13) and the mitigation area (one year and six months to three years) (special mitigation areas); and

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 3 years; the crime of this case is a case of rape of the victim who was under the influence of alcohol and is not guilty of the nature of the crime; and the occurrence of the victim’s severe mental impulse and sexual humiliation is deemed to have been caused; etc., which are disadvantageous to the defendant.

(b).