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

Punishment of the crime

On July 11, 2015, the Defendant d, along with C and the victim D (at the age of 16), diced the alcohol, and diced the victim to rape by using the creb that the victim could not resist the breath of the alcohol.

On July 12, 2015, the Defendant exceeded the clothes of the victim under the influence of alcohol at the F middle school parking lot located in Yangsan-si E, Yangsan-si, and had sexual intercourse with the victim once.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-opportune condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing recording recording of D statements;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning facts constituting the crime;

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. In cases where a conviction on the criminal facts indicated in the judgment of personal information registration becomes final and conclusive, taking into account the following circumstances: (a) proviso of Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (the first offender, the mistake is recognized, the crime against an unspecified victim is not committed; (b) the victim does not want the punishment of the defendant; and (c) the benefits and preventive effects expected by the disclosure order or notification order of this case and other disadvantages and side effects therefrom, the defendant shall not disclose or notify the personal information of the defendant; and (d) the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the same Act, and thus, he/she is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.