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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 25, 2015, the Defendant, at around 03:00 on October 25, 2015, received a request from a high school-friendly E, a high school-friendly E, to visit the victim G (n, 28 years old) who drinking alcohol with E and E’s female-friendly job offering F, and led the victim to the “I” telecom located in the Busan Dong-gu, Busan.

The Defendant transferred the victimized person to the telecom with the Ethropical act, and then, the E and his female-friendly body moved to another room, had the victim feel uncomprisoned with the victim who was under the influence of frightening, and had sexual intercourse with the victim by advertising the victim’s mind to rape, and exceeded all the clothes of the victim.

The Defendant, as seen above, had sexual intercourse with the victim once by taking advantage of the victim’s mental and physical loss or the impossibility of resisting the victim’s physical and mental loss or resistance, which occurred under the influence of alcohol.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to G, E, and J;

1. A written statement of G and J;

1. Letters, messages, abbreviations, telephone subscribers' inquiries, photographs (No. 18 No. 18);

1. Application of Acts and subordinate statutes to each investigation report (No. 12,17 No. 510);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles, Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse, and the proviso to Article 50(1) [the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism recognized as recorded (no of the same type of crime)], and the benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and disadvantages therefrom.