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.

On April 1, 2017, the Defendant her husband of the victim D (n, 26 years of age) and his wife or female her wife together with the Defendant’s “G cafeteria” located in the Daegu Suwon-gu H around 23:00 on the same day, and followed the Defendant’s her three-year house accompanied by the said E, leading to the Defendant’s house located in the Daegu Suwon-gu H., the Defendant her three-year house was locked, and the said ice son E returned home to the Defendant’s house. Since it was long thereafter, the Defendant returned home to the Defendant’s house, and the victim was able to escape if she went to the inner room while under the influence of alcohol, and the victim got her to sleep it at the small place.

At around 03:00 on April 2, 2017, the Defendant continued to have been under influence of alcohol, and had been sexual intercourse with the victim, knowing that the victim did not resist any resistance against alcohol, and had been under influence of alcohol. The Defendant forced the victim to enter a kis by force, caused the victim’s arms by cutting off the victim’s arms, and viewed the Defendant’s sexual organ, and seen the victim’s sexual organ as soon as possible.

Accordingly, the defendant was raped by taking advantage of the victim's mental or physical loss, or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes of E;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main text of Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse, and Article 49(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse.