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

On August 10, 2016, the Defendant had sexual intercourse once with the victim, who had drinking together with the above D and the victim E (the family name, the remaining life, the age of 27) at the meeting of Cheongju-si Office C and 202, around 06:00 on the same day, the victim was under the influence of alcohol, and the victim was under the influence of alcohol and panty of the victim.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to police statements made to E;

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 (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Orders to Notify Disclosure; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) is difficult to readily conclude that the Defendant has no record of punishment for a sexual crime; the Defendant’s personal information registration of the Defendant and an order to attend a sexual assault treatment course can be expected to a certain extent to prevent recidivism; and there are other special circumstances regarding the Defendant’s assertion of the Defendant and the defense counsel’s assertion that the Defendant shall not disclose and notify the Defendant’s personal information, in full view of the benefits expected by the order to disclose or notify the disclosure of the information of this case; and the disadvantages and side effects therefrom.