A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

With the victim D (Woo, 27 years old) put the victim's walk on the defendant's happiness, the victim was first 3, 3, 1, 1, and 1 of the victim's behavior, and 1 of the victim's behavior, and all other felbs first moved to "Felel" in Hongjin-gu E where the body of the victim could not be properly classified.

On March 3, 2014, at around 00:30, the Defendant, at around 601, had sexual intercourse with the victim by putting off both the original and inner clothes that the victim was suffering by taking advantage of the victim’s state of refusal to resist, and putting the victim’s chest, etc. into the part of the victim’s sexual organ, and inserting the victim’s sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Some statements in the suspect interrogation protocol of the accused by the prosecution and the police interrogation protocol;

1. Each police officer's statement about D and G;

1. Application of the Acts and subordinate statutes to a criminal investigation report (related to submission of response data to the results of an appraisal by the National Institute of Scientific Investigation, a criminal investigation report (related to the attachment of CCTV photographs taken into consideration as a suspect), a criminal investigation report (limited to the attachment of CCTV files to the Fel

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 (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The defendant's age, occupation, family environment, social ties, criminal records, and risk of recidivism, which are recognized in the records of Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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;