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 September 26, 2014, around 02:00, the Defendant, who was drunk in Eelel in Daegu-gu, Daegu-gu, Daegu-gu, was the victim F (F, 20 years of age) who was born to the university. The Defendant: (a) led the victim to the bed; (b) led the victim to the bed; (c) led the victim's chest; and (d) was promptly her chest.

Accordingly, the victim resisted by sound and resistance, and the Maurburged by the victim, and the defendant, by driving away from the victim, moved the victim's door, kidds the victim's door, lying the victim's bridge on the part of the victim, kid the victim's left arms on the part of the victim, kid the victim's resistance, and kid off the victim's clothes, and kid the victim.

Although the victim tried to commit rape again from a bed, the defect that the victim tried to keep the victim tightly, boomed, and try to keep the victim out of the bed, the victim continued to resist. While the victim gets out of the bed, the victim did not have the intention of telephone to the friend of the victim, while she was living in the situation, the victim did not have the intention of telephoneing to the friend of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to the police statement of victim F;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. The main sentence of Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have any criminal history, and the social relationship is clear as a person who has resided in a certain residence.