A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

Around 10:00 on December 11, 2016, the Defendant, at the Defendant’s house of Eunpyeong-gu Seoul building 1101, drinked with the victim D (the victim, 15 years of age) and her daily behaviors, and the victim was locked at that place and returned home, and she was in a short condition with the victim. On December 11, 2016, the Defendant exceeded knee and panty of the victim, who was in an impossible state of being under the influence of alcohol, and had sexual intercourse once with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of the Acts and subordinate statutes requesting genetic appraisal;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The effect of preventing recidivism by simply registering the personal information of the accused and ordering him/her to take lectures in treating sexual assault, considering the age, motive, seriousness of the crime, etc. of the accused, etc., of Article 49 (1) (proviso) and Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order for disclosure and notification;

Since the defendant's personal information should not be disclosed or notified, there is a special reason to not disclose or notify the defendant's personal information.

2) Grounds for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Application of the sentencing guidelines [the types] Class 2 of the crime of rape (the persons subject to special mitigation] (the scope of recommended punishment] (the scope of recommended punishment) by imprisonment of three years to five years (the scope of mitigated punishment).

3. In this case, the defendant had sexual intercourse with a juvenile who was in an impossible state to resist because of the fact that the defendant drinks alcoholic beverages together with the victim who first met on the day of the case, and the victim remains at the defendant's home while drinking alcohol on the day of the case, and that the victim has sexual intercourse.