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

1. Around 05:00 on September 14, 2016, the Defendant: (a) discovered the Victim F in a state of resistance (the age of 24) that he was under the influence of alcohol in front of the E elementary school located in Seocho-gu Seoul, Seocho-gu, Seoul, and expected to be a roadside and was diving; (b) discovered the Victim F (the age of 24). Around September 14, 2016, the Defendant: (c) moved to a car at the mother of G with the aim of engaging in sexual intercourse; and (d) moved to a 305 room located in Seocho-gu Seoul Metropolitan Government H.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. The Defendant, from around 05:36 on September 14, 2016 to around 06:18 the same day, was drunk in the above “I” Mobur 305 heading room, and was in sexual intercourse one time with the victim, who was in a state of resistance impossible.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (the confirmation of CCTV at the beginning of Seoul E), a criminal investigation report (the attachment of a victim's photograph in the form of an I hotel), and a criminal investigation report (CCTV analysis report);

1. The application of the 112 Report Settlement Statement, the IS CCTV shooting screen photograph, the driver's license of the victim, the victim's inside the 112 Report, the victim's photograph and the suspect's image photograph, the driver's license of the victim, the photograph of the IS CCTV photograph, the driver's license of the victim, the photograph of the victim and the suspect;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime and Article 288 (1) of the Criminal Act (the point of kidnapping sexual intercourse);

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the aggregate of the upper limit of each offense prescribed by the heavier punishment);

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. Exemption from an order of disclosure and notification;