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 August 30, 2013, at around 03:00, the Defendant completed a meeting at the “D” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-gu, and then, the Defendant left the victim E (V, 27 years of age) as an agent, but the victim was unable to drive his mind under the influence of alcohol, thereby getting the victim back the substitute driver's article and committing rape.

The Defendant: (a) placed the victim on a girs room near the above restaurant, and was under a influence of alcohol at a girs room near the above restaurant; and (b) placed the victim out of the victim’s panty and panty thereof; and (c) went out of the Defendant’s panty and panty thereof once.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written appraisal;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Determination as to the assertion of the defendant and his/her defense counsel on the grounds of Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure order and notification order, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no power to punish sexual crimes against the defendant, the defendant appears to have committed the crime of this case somewhat contingently during his/her state, and other special circumstances that shall not disclose