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

On October 27, 2013, around 4:00, the Defendant was informed of the Victim G (n, 24 years old) first at the Fel located in D at the Eel located in D at Jeju on October 27, 2013, and the Defendant’s daily behaviors at 106, and the Defendant’s and the Victim’s daily behaviors at 202.

The Defendant: (a) entered the instant 106 and discovered that the victim was under the influence of mixed drinking; (b) had sexual intercourse with the victim’s will of the victim and lower clothes; and (c) had sexual intercourse with the victim’s will and lower clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to G of each police statement;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 42(1) and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Punishment, etc. of Sexual Crimes (the case where a conviction on the crime of this case, which is a sex offense subject to registration, is finalized) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction on the criminal facts of the defendant as to whether to issue an order to disclose or notify the information, becomes final and conclusive, a disclosure or notification order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse is subject to an order to disclose or notify under Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, but it is difficult to conclude that the defendant has a risk of repeating a crime because of his/her own recognition of the crime of this case and the defendant's age, occupation, anticipated side effects, etc.