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

On July 3, 2013, the Defendant moved the victim to his own house located in the above officetel 505 for the purpose of discovering that the victim D (at the age of 18) was under the influence of alcohol from the stairs of the first floor of the Dongdaemun-gu Ctel in Anyang-si around 02:30.

The defendant 505 of the above officetels 505, the defendant reported that the victim was locked without mind under the influence of a drug DNA spawn, and exceeded all clothes of the victim, and kids the victim's chest with both hands, kids, and kids, Secondly, the victim's fingers were collected into the victim's resistance, and the victim's sexual organ was inserted into the victim's sexual organ into the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Each investigation report (including attachment, etc. of an appraisal report on drug products / Currency as to whether the victim's drugs are recovered, / a DNA-use investigation related to a farms), and an investigation report (samp effect);

1. Each request for appraisal;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As to the assertion of the Defendant and his defense counsel under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant and the defense counsel are admitted as a whole, but the Defendant is not off the clothes of the victim.