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 December 20, 2013, around 23:10 on December 20, 2013, the Defendant discovered the victim C (tentative name, leisure, 22 years old) who was under the influence of alcohol and did not go through the store, and made the victim go through the store. On the other hand, the Defendant saw the victim, who is difficult to be surged, to go through the nearby restaurant toilet. At the end, the Defendant saw the victim to be surged and surged with his mind, and was able to commit rape by using it.

On December 20, 2013, around 23:30 on December 20, 2013, the Defendant: (a) placed the victim under Furher 206 in Dongdaemun-gu Seoul Metropolitan Government E on a bed and placed in a bed; (b) placed the victim on a bed; and (c) placed the victim in a state of

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of film-related Acts and subordinate statutes contained in CDs;

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 Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse does not determine that the Defendant is likely to recommit a sex crime in light of the fact that the Defendant led to the confession and is in depth against the instant crime;