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

At around 00:30 on November 12, 2013, the Defendant had sexual intercourse with the victim by inserting the body of the victim, who was able to rape with the victim, under the influence of alcohol, in the "DVD bank" room 3 of the "DVD bank" located on the third floor of the Maan-gu Seoul Building C, Manyang-gu, Annyang-si, the Defendant: (a) was under the influence of alcohol; (b) was exempted from all the clothes of the victim, who was unable to resist due to sleep; and (c) inserting the Defendant’s sexual organ into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to copies of medical records;

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. 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, such as the Defendant’s age, occupation, family environment, social ties, criminal records and the risk of recidivism (no criminal record) of the Defendant, the victim’s intent who does not want to be punished, the benefits and effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects of the order, etc., it is determined that there are special circumstances under which the Defendant’s personal information should not be disclosed or notified.)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines (determination of types of punishment), general standards, crimes of rape (subject to at least 13 years of age), types 1 (general rape): Reduction factors of punishment: None of the increased factors of punishment (subject to recommendation range): Imprisonment with prison labor for a year and six months to three years ( mitigated areas);

3. Determination of sentence: One and half years of imprisonment and two years of suspended execution; and