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

At around 06:00 to 07:00 on June 6, 2014, the Defendant: (a) under the influence of alcohol on the part of the victim E (here, 26 years of age) who drinks together with the victim and the Defendant’s friendly F, in the dwelling area of the victim E (the victim under the influence of alcohol; (b) f, in the inner room; and (c) f, in the inner room with the mind of committing rape of the victim; (d) f, in the inception room, f, in the inner room with the mind of committing rape of the victim; and (e) f, inception of the victim’s sexual organ

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a state that the victim could not resist at low resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes governing the request for an appraisal and examination;

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. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing of a defendant's personal information is determined to be disclosed or notified in full view of all the circumstances, such as the defendant's age, occupation, family environment, social ties, criminal records and the risk of re-offending, the form and circumstance of the crime of this case, the benefits and preventive effects expected by the disclosure or notification order of this case, the disadvantages and side effects of the disclosure order of this case, etc., and other relevant factors, such as the defendant's age, occupation, family environment, social relationship, criminal records and the risk of re-offending under Article 47 (1) and the proviso to Article 50 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order of this case

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing guidelines (determination of type), sex offenses, general standards, rape (subject to at least 13 years of age), and