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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 14:10 on October 31, 2015, the Defendant, at the small room of the victim E (V, 42 years of age) of the D apartment complex in Seo-gu, Seo-gu, Gwangju, about October 31, 2015, performed alcohol together with F, who is living together with the victim with the victim and the victim, was discharged from the lower part of the other victim and had sexual intercourse once.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A gene appraisal report;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [including the Defendant’s absence of any sexual record, etc.], and the extent and foreseeable side effects of the Defendant’s disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim from such sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [the types] general criteria for sex offenses: Type 1 (General Rape) [the scope of recommendations] (a person subject to special sentencing] (a person subject to mitigation of punishment] (a person subject to mitigation of punishment], the area of mitigation of punishment, one year and six months to three years;

3. Determination of sentence: One and half years of imprisonment with prison labor, and three years of suspended execution are the criminal defendant.