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.

The defendant is a student attending the E University F department and is a relative of the same family as the victim G (V, 21 years of age).

On November 21, 2017, the Defendant, along with the victim, got the victim from drinking alcohol to house.

The Defendant, at around 04:17 and around 04:27, exceeded all the clothes of the victim who kidd from the victim’s house in H on the same day, and taken two times the victim’s her cell phone with her her son and her son.

Then, at around 04:31 on the same day, the Defendant had the victim's mind to rape similarly, and had his hand recorded his hand in the negative part of the victim in a state of resistance which was unable to resist, and taken a video image with his cell phone.

Accordingly, the defendant taken the body of the victim who might be able to commit similar rape and cause a sense of sexual shame by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. Domestic investigation reports (victims' photographs and CDs accompanied by moving pictures);

1. Application of the Acts and subordinate statutes to photographs of the victim taken by the defendant;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (hereafter referred to as "aggravated Rape"), Articles 299 and 297-2 of the Criminal Act (hereafter referred to as "aggravated Rape") concerning criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for the crimes of similar rape 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 considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. Special cases concerning the punishment, etc. of sexual crimes subject to exemption from disclosure and notification orders;