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 of the final judgment.

Punishment of the crime

On January 11, 2014, at the house of the victim D (V, 45 years of age) with the victim and E, the Defendant d(M, 12 12 dong 12 501 dong 12 dong 1, north-gu, Dong-gu, Sinpo-si, Sin-si.

At around 02:00 the following day, the defendant discovered that the victim was divingd by the defendant under the influence of alcohol, and had the victim sexual intercourse.

The defendant was unable to have sexual intercourse with the victim, who was aware of the fact that the defendant was born to the son of the victim and the panty of the victim by putting his fingers into the victim's panty and drinking together several times, continued to be exempted from the victim's panty and panty, and sexual intercourse with the victim's panty.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made in D in the video CD;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 300, 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;

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

1. 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, etc., under Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (the Defendant’s intent not to be punished, the victim’s intent that he/she does not want to do so, and the benefits and preventive effects