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 August 5, 2014, the Defendant: (a) taken a cell phone number of the Victim C (V, 19 years of age) from Magio-gu, and sent a Kakakakao text message to the victim; and (b) sent it to the victim.

8. 6. 04:00, at around 04:0, the Jongno-gu Seoul University drinking alcohol together with the victim in the vicinity of the exit No. 1.

At around 05:30 on the same day, the Defendant: (a) led the victim’s hand before the victim’s 'E’; (b) led the victim’s hand, she was shacked, sent out to the victim’s body, she was inside, she was inside, and she was inside the guest room No. 205; (c) brought the victim’s body to the victim’s body; and (d) attached a little extent of her body to the victim’s body, she was able to take the victim’s hand, put the victim’s body into the victim’s body, put the victim’s body into the victim’s body; and (d) went off from the lock to the victim’s body; (e) was tight and resisted by the victim’s body while leaving the victim’s clothes; and (e) was unable to take the victim’s hand from leaving the victim’s body; and (e) was raped with the victim’s part of the victim’s body; and (e) made it impossible to capture the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s statement-related Acts and subordinate statutes recorded in a video CD;

1. Article 297 of the Criminal Act applicable to the crimes;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the age, occupation, family environment, social ties, criminal records, and the risk of recidivism of the accused, which are recognized in the records under 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.