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

피고인은 2015. 2. 24. 02:17경 부산 부산진구 C건물 801호 내에서, 피해자 D(여, 19세)이 침대에 걸터앉아 있는 모습을 보고, 갑자기 피해자에게 키스를 하고, 피해자가 ‘이러면 안 된다. 하지 말라’고 하며 손으로 피고인의 몸을 밀쳤음에도, 계속하여 피고인의 몸을 피해자의 몸에 밀착시켜 피해자로 하여금 반항하지 못하게 한 후, 손으로 피해자의 가슴을 만지고, 입으로 피해자의 가슴을 핥고, 손가락을 피해자의 성기에 넣었다.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D's prosecutor and police statement;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service, or order to attend a lecture, Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment,

1. The defendant's and defense counsel's assertion on the defendant's personal information should not be disclosed or notified in full view of various circumstances such as the defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no same criminal record) of the defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism as recorded in the records, and the profits and preventive effects expected due to the disclosure order or notification order of this case, and disadvantage and side effects resulting therefrom) and defense counsel's assertion. The defendant's defense counsel asserted that the defendant was in a state of mental and physical disability under the influence of the defendant at the time of committing the crime.

According to the evidence adopted and examined by this court, the fact that the defendant has drinking alcohol to a certain extent at the time of committing the crime is that.