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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 1, 2018, at around 00:30, the Defendant: (a) was under the influence of alcohol from the stairs of the second floor of the 2nd apartment building in Gwangju Northern-gu, Gwangju, and (b) was under the influence of alcohol to the victim C (Taking the age of 18), and the victim was seated in the stairs, she was faced with the victim's entrance, and the victim was faced with the victim's panty, and the panty was put into the victim's entrance, and the victim's back head was laid down.

Accordingly, the Defendant committed similar rape to the victim who is a child or juvenile by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. C Public prosecutor's office and police statement;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (on-site investigations and evidence-related articles);

1. Article 7 (4) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

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, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for sentencing below);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a child or juvenile, and thus his/her personal information shall not be disclosed or notified to the public) exempt from an order to disclose information

1. Grounds for sentencing under Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

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

2. The sentencing criteria shall not apply to the Defendant is a juvenile.

3...