A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 23:00 on April 13, 2013, the Defendant: (a) 3 and 3 drinking alcohol at the D week located in Suwon-si C, Suwon-si; (b) 19 years old at the time of drinking; (c) f first met with the Defendant and moved to the Hemototo G located in Suwon-si, Suwon-si; and (d) her daily behaviors and F continued to drink 105 of the above her motherto drink 204, while the victim was under the influence of alcohol.

피고인은 2013. 4. 14. 09:00경 피해자를 강간하기로 마음먹고 피해자가 혼자 잠을 자고 있는 204호에 침입한 후 술에 취하여 침대 위에서 잠들어 있는 피해자에게 다가가 피해자의 상의를 위로 올려 가슴을 애무하였고, 이에 피해자가 잠에서 깨어 양손으로 피고인을 밀어내고 발로 피고인을 걷어찼다.

Although the defendant continued to be off from the victim's seat, prevented the victim from getting off from the victim's seat, and misunderstanding the bridge, the defendant exceeded the victim's lower body and panty panty, forced the victim's body, forced the victim's resistance, forced the victim's resistance, led the victim to rape once with the victim.

Accordingly, the defendant invadedd the room possessed by the victim, and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, I, and J;

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

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 319(1) of the Criminal Act, Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), Articles 297 of the former Criminal Act, the choice of limited imprisonment

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Probation and community service order under Article 62-2 of the Criminal Act;

5. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu;

1. Two years and six months of imprisonment with prison labor for the scope of punishment by law;