A defendant shall be punished by imprisonment for not less than one year and six months.

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

Around May 4, 2014, the Defendant drinked with six persons, including D, Victim E, etc., in Seongbuk-gu, Changwon-si, Changwon-si, with the total number of six persons, including D, and 23 years of age. From the Defendant’s daily behaviors, “The victim met, and the Defendant was also withdrawn, and the Defendant was also released,” she got the victim into the telecom together with D, and D left the victim after going out of the telecom for a more period of drinking.

On May 4, 2014, at around 04:10, the Defendant confirmed that the Defendant, alone, had the victim’s name under the influence of alcohol to the extent that the victim does not walk, and that there was no awareness of the victim’s sexual intercourse once, after checking the fact that the victim did not have any reaction with the shoulder, while under the influence of alcohol to the extent that the victim cannot walk.

Accordingly, the Defendant has sexual intercourse with the victim by taking advantage of the victim’s mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. The grounds for sentencing in full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no criminal record) of the Defendant’s age, occupation, family environment, previous offense, and the victim’s intent not to punish the Defendant, the benefits and the preventive effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects of the disclosure order of this case, etc., it is determined that there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified.)

1. Application of the sentencing criteria (determination of types).