1. The punishment of the accused shall be two years of imprisonment;

2.Provided, That the foregoing shall not apply for three years from the date this judgment became final and conclusive.

Criminal facts

On September 11, 2015, the Defendant: (a) around 01:00, at the “E hotel” 208 heading room located in Gangnam-gu Seoul Metropolitan Government D, and (b) together with the victim F (n, 27 years of age) retired from the same workplace, gave the victim under the influence of alcohol in one-time room, and (c) took the victim under the influence of alcohol into the above hotel room and made quasi-rape of the victim under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the victim F and G;

1. To take the victim's Kakao Stockholm message, to report internal affairs (to secure and analyze CCTV images recorded on the instant site), to video CDs on the E CCTV screen, to reply to each appraisal request, to report internal investigation (the victim's alcohol value verification at the time of occurrence of the crime), to report internal investigation (the document and the result of appraisal of the victim), to request appraisal of the scientific investigation team (the document and the result of appraisal of the victim), to request appraisal of the scientific investigation team, to respond to a request for appraisal (a scientific investigation), to report on investigation (Attachment to site photographs of the instant scientific investigation team), to the application of the statutes governing the site photographs of the instant case;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one year and six months, nor more than 15 years;

2. Scope of punishment recommended;

(a) Type 1 sex offenses, general standards, rape (subject to at least 13 years of age), and type 1 (general rape);

B. Elements for mitigation of special sentencing: Disapproval of punishment

(c)decision of the territory of recommendations and mitigation of the scope of recommendations, one year and six months of imprisonment, or three years of imprisonment;

3. The crime of this case, which was sentenced to sentence, was committed by the defendant on the spot, as if the defendant would bring the victim, who was drunk in the place of drinking, into a hotel and had sexual intercourse.

The victim was suffering from mental shock and a sense of sexual humiliation.