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

On May 5, 2019, the Defendant initially known the victim B (name, n, 41 years of age) and the victim’s daily activities at the night restaurant, and moved from the above drinking house to the Danobsium C in the Jeonsan-si.

1. 준강간 피고인은 2019. 5. 6. 01:30경 위 노래방에서 피고인의 일행과 피해자의 일행이 자리를 비운 틈을 타 피해자를 강간할 마음을 먹고, 술에 취하여 항거불능의 상태에 있던 피해자를 노래방 소파에 눕힌 후 피해자의 원피스를 걷어 올린 뒤 팬티를 벗기고 피해자의 위에 올라타 피해자를 1회 간음하고, 피해자의 음부를 핥고, 피해자의 가슴을 만졌다.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

2. The Defendant stolen the instant victim’s mobile phone at the time and place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to B (alias);

1. Requests for each appraisal, adjustment of the results of appraisal, and confirmation of the National Institute of Scientific Investigation;

1. Voluntary reports, internal investigation reports, and investigation reports (the results of the request made by the DNA Science Investigation Institute for its inspection) by statutes shall apply;

1. Relevant Articles 299 and 297 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 fact that the accused has no record of sexual crimes of the same kind in relation to the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse;