강간
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
The Defendant, who became aware of, and had had a sense of care for, three years ago, had a victim B (here 27 years of age) on board a passenger car with a view to drinking alcohol at home after drinking alcohol with a long time, and had the victim on board a passenger car with a reflectd lurg of the victim, was able to rape.
1. Around 02:00 on July 23, 2018, the Defendant: (a) tried to set a key to the victim’s body on board the instant car steering boat and seated on the driver’s seat; (b) decided to move the driver’s seat from the vehicle to the driver’s seat when refusing it; (c) made the victim open a door by moving the driver’s seat from the vehicle to the driver’s seat on several occasions; and (d) prevented the victim from driving the vehicle into the vehicle and leaving the driver’s body.
The Defendant continued to spaw off the victim’s resistance, and had sexual intercourse once with the victim, such as: (a) the victim’s loss was defective, (b) the victim’s loss was caused by one hand, and (c) the victim’s loss was prevented from getting his/her head into his/her hair, and (d) the victim’s loss was threatened.
2. At around 02:30 of the above day, the Defendant parked a car at the second basement parking lot of D apartment in the Sungsung-si where the victim’s residence is located, and the victim, with the victim’s own hand, was under the victim’s body, and was under the victim’s body, went back to the driver’s body, was moved to the victim’s seat, and the victim was under the victim’s body while pushing the defendant with his hand, and was under the victim’s resistance, and had sexual intercourse once with the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (the confirmation of and attachment to crimes 1, second-round CCTVs);
1. Application of Acts and subordinate statutes to report on investigation (Attachment of data submitted while investigating by the injured party);
1. Article 297 of the Criminal Act concerning the facts constituting the crime;
1.Article 37 (former part), Article 38 (1) 2 and Article 50 (1) of the Criminal Act among concurrent crimes are more severe.