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 October 05, 2015, the Defendant: (a) had sexual intercourse once with the victim E in a workplace that took place with D building 402 located in Gyeyang-gu C, Gyeyang-gu; (b) with the victim E (V, 23 years old); (c) had the victim taken care of the victim who was drunk; and (d) had the victim who was in a state of resistance under the influence of alcohol and alcohol.

Summary of Evidence

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

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

1. Each investigation report (on-site investigation, etc., victim's female amby F, G mobile phone call details, etc. attached to data, on-site situation, and each telephone investigation);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 criminal punishment, and the defendant has no record of criminal punishment, and is against his/her mistake.

In addition, the details of the instant case, the risk of recidivism, and the profits or preventive effects expected by the disclosure or notification order of the instant case, are more unfavorable and adverse than those expected by the disclosure order or notification order.

Comprehensively taking account of the fact that the defendant's personal information can not be disclosed or notified, there are special circumstances in which the defendant should not disclose or notify

The reason for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommended sentences [the types of decisions] according to the sentencing guidelines shall be limited to the range of punishment [the scope of recommendations] and the general criteria for rape (the persons who are at least 13 years of age).