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

The defendant and the victim C (the age of 19) are students attending the first year of the D University.

On September 13, 2014, at around 07:40, the Defendant, along with three daily behaviors such as the victim on September 13, 2014, had the victim, who is well aware of the right side after drinking the alcohol, left to do annoying because the victim was under the influence of alcohol to move in the dormitory of D University.

The Defendant, in the above-mentioned room, told the victim who is intending to enjoy on the floor, called “the victim who does not do so,” and called “the victim to do so,” and called “the victim to do so.” The victim was deprived of the victim’s mind to rape the victim, was exempted from the victim’s lower panty and panty to sty, and then sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records of the prosecution against C;

1. Application of the police protocol law to C

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 (Consideration of favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Reexamination of favorable circumstances among the reasons for sentencing as follows);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, environment, social ties, criminal records (no sex crime record) recognized as recorded, circumstances after committing the crime (which recognized all of the crimes in this case, reflects the fact that the Defendant recognized and agreed with the victim, and the benefits and the preventive effects expected from the disclosure or Notification Orders in this case, and disadvantages and disadvantages therefrom.