Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Criminal facts

On November 20, 2013, from around 22:18 to around 03:38, 2013, the Defendant drinked three alcohol, including the victim D (n, 29 years of age), etc., who was aware of usual knowledge from around 22:18 to November 21, 2013, and took the victim, who was drunkly drinking and drinking at around 04:25, who was 605 “Fel” located in Nam-gu, Gwangju.

From 04:28 to 08:39, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ by taking advantage of the victim’s state of impossibility to resist, which was drunk and drunk between 04:28 to 08:39, and suffered bodily injury, such as “malute of women” where the victim cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. A report on investigation (No. 8 No. 1 of the evidence list), a description of the case-related photograph, and an explanatory note;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Articles 301 and 299 of the Criminal Act;

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), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Reasons for sentencing on the punishment of a sexual crime exempted from disclosure or notification order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of favorable circumstances, etc. deemed favorable for sentencing following the following reasons, it is difficult to deem that the defendant is likely to recommit a sexual crime, and in full view of all other circumstances, it is difficult to deem

1. The crime of this case is not deemed to have been committed in the course of the crime of this case, where the defendant had sexual intercourse with a female who had drinking together and drinking together, and suffered injury in the course of such sexual intercourse.