A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On March 28, 2014, the Defendant was a foreigner of Chinese nationality who entered the Republic of Korea and entered the Republic of Korea on March 28, 2014, and the VictimO (the age of 20) entered the Republic of Korea as a visa for training in Korean on November 21, 2015, and is a Chinese national student of international language education in D University International Language Education Center.

On December 25, 2015, the Defendant, along with the introduction of Ma, H, I, and OO of the victim, was drinking alcohol at the K main station located in the Busan-gu J, Busan-gu, and the victim was unable to walk for himself/herself, and the Defendant was moving to the Busan-gu Maritime Transportation Daegu L, which is the F's residence, along with his/her daily behaviors.

F is on board the victim at the inner bed, F and G are off the victim's bed and covered with the victim's bed with earth and sand, etc., and the Defendant, in a ward, went together with alcohol, such as F and G, and entered the inside room on December 26, 2015, with panty 03:00 on December 26, 2015 to report and rape the victim, and had sexual intercourse once with the victim.

As a result, the Defendant raped the victim by taking advantage of the state of resistance impossibility.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police with regard to theO;

1. Each police statement made to G, F, and I;

1. G statements;

1. Application of Acts and subordinate statutes to internal investigation reports, each investigation report (other than a net of 10, 11, 12), photographs and investigation reports;

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 reasons 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 proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (the defendant does not facilitate communications with Chinese nationality foreigners, and the defendant is subject to compulsory departure under the Immigration Control Act if this judgment becomes final and conclusive.