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

At around 04:20 on December 3, 2013, the Defendant discovered that the victim E (32 years of age) was under the influence of alcohol and was under the influence of alcohol in the rest room of the 3rd floor of the Suwon-si C Building at Suwon-si, Suwon-si, without her clothes, and found that the victim’s E (32 years of age) was under the influence of alcohol and was under the influence of alcohol. The Defendant laid the diesel in the part of the victim’s port and laid down the red sea mixed with the Defendant’s sexual flag, and inserted the two legs into the part of the victim’s port and inserted the Defendant’s sexual flag into the part of the victim.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Place and objects used for committing the crime;

1. Application of Acts and subordinate statutes to a criminal investigation report and an investigation report (to hear statements from a victim of sexual assault);

1. Relevant Articles 299 and 297-2 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), general standards, rape (subject to at least 13 years of age), Type 1 (Special Rape), and Type 1 (Special Rape) [Extent of the recommended sentence] / imprisonment with prison labor for not less than one year but not more than two years (limited to mitigation areas and adult similar rapes shall be included in Type 1, but the upper limit and lower limit of the scope of sentence shall be mitigated to 2/3);

3. The crime of this case, which was sentenced to punishment, was committed in a similar rape by using the diesel applied to the victim's resistance who was under the influence of alcohol and inserting his sexual organ into the Defendant's sexual organ. The crime of this case is in bad quality, and the victim appears to have a pipe of large insult due to the crime of this case. Meanwhile, the defendant committed the crime of this case, while committing the crime of this case, has a depth of the mistake.