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 06:00 on December 15, 2019, the Defendant, at one week of “C” located in Mapo-gu Seoul Metropolitan Government on December 15, 2019, performed drinking together with D (the name of the victim, the 20 years old) first of the day on the day, followed by the victim’s knife and flad with the victim’s knife, knife the victim’s knife and knife with the victim’s knife, knife the victim’s knife, and knife the victim’s knife into the victim’s knife and knife the victim’s knife.

Accordingly, the defendant put his sexual organ into the victim's mouth by taking advantage of the victim's inability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police in relation to D;

1. Each written statement of D;

1. The application of Acts and subordinate statutes to police seizure records, investigation reports, gene appraisal reports, and legal chemical appraisal reports;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(a) The range of rape (the subject of at least 13 years of age) [the first category] general rape (the subject of special rape): The mitigated range of punishment [the recommended range and the scope of recommended punishment], the mitigated range of imprisonment for one year to two years (the similar rape in the sex shall be included in the first category, but the upper and lower limit of the scope of punishment shall be mitigated to 2/3);

3. The crime of this case, which was determined to be sentenced, is under the influence of alcohol or by taking advantage of the victim’s state of impossibility to resist, and the Defendant’s liability for quasi-Rape is not minor;

No. 3.