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

Punishment of the crime

On April 16, 2016, around 03:30 on April 16, 2016, the Defendant, in the vicinity of the E Station located in Yongsan-gu Seoul Metropolitan Government, breathd the victim F (n, 26 years of age), who is in the state of failing to resist by drinking so that he was unable to resist, such as being drunkd, and fright to rape, bread the victim, and fladding the victim into the bed in the bed, and fladd, she exceeded the clothes and had sexual intercourse once 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. The police statement concerning F;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes to CDs (a CCTV video recording)

1. Articles 299 and 297 of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Grounds for sentencing in full view of the following: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; 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 [the Defendant has no record of having previously been punished for a sex offense; the Defendant’s personal information registration and attending order alone can obtain the effect of preventing recidivism to a certain extent; the Defendant’s age, occupation, occupation, family environment, social relationship, benefits and effects expected by an order to disclose or notify information; and the disadvantages and side effects therefrom;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing guidelines [Determination of types] general criteria for rape (subject to the age of 13 or more) (subject to the age of 13 or more), general rape (subject to the age of 1) [special rape] mitigation factors (subject to the scope of recommending punishment] mitigation factors (subject to the scope of recommending punishment), from 1 year and 6 months to 3 years (restricted areas);

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months;