유사강간
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is the head of the team at the delivery agency, and the victim B (the victim, 26 years of age, hereinafter referred to as the "victim") has been continuously marked to the victim with a view to calling for the Defendant to receive food, daily necessities, etc. from the Defendant for about one year and six months before the date of the delivery agency.
On March 24, 2020, at around 02:30 on March 24, 2020, the Defendant moved the victim who was suffering from pain to the emergency room of the D Hospital while drinking the walth alcohol with the victim at the restaurant located in Gyeyang-gu Incheon Metropolitan City.
The defendant was at the house of the victim of the apartment building E in Gyeyang-gu in Incheon, and the victim under the influence of alcohol was sexually raped by putting the victim's fingers into the part of the victim, putting the victim's hand over, putting the victim's hand on the bed, putting the victim's hand on the bed, cutting the victim's clothes, cutting the victim's breast, cutting the victim's clothes, and dancing the victim's hand on the part of the refused victim's panty.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of each investigation report (the details of the receipt of the case, response to the request for appraisal, confirmation of CCTV images, response to a suspect's request for appraisal of the oral key, response to a request for appraisal of the oral key, listening to the statement in the counter currency of the investigator of the gene analysis), each request for appraisal, response to each gene appraisal, each gene appraisal report, and the Act and subordinate statutes on the flag of on-site CCTV to B;
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
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. The main sentence of Article 62(1) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a course under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “a favorable condition of the following
1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;