A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On November 16, 2018, the Defendant 23:20 on November 16, 2018, at the Seoul Gangdong-gu building and the ward No. C, at the female-friendly ward D (the family name, the female-friendly family name, the age of 19), and the victim E (the family name, the female-friendly family name, the age of 19).

On November 17, 2018, at the above ward around 03:00, three persons, as mentioned above, drink the alcohol to the victim, and the victim was able to grow at the house, and the new wall DNA D and the victim was able to grow at the house. On November 17, 2018, the defendant was placed on the part of the defendant, on the left side of the defendant, and the victim was able to sleep at the right side of the defendant.

Around 05:30 on November 17, 2018, the Defendant dived the victim with a shoulder and diversably diving as above. The Defendant diversed the victim’s hiverse and brue into the chest, kives and brue with the victim’s hivers, kives into the panty, kives, kives the finger, and added the finger into the drinking part. After that she exceeded all the victim’s hivers and pantyty, she inserted the Defendant’s sex inside the victim’s quality into the victim’s hives, and thereby, she continued the victim’s hiverse relationship, so that the victim’s hiverse and hives were unable to drive the victim’s hiverse as above, even if she expressed his intention to refuse to hived the Defendant’s chest and hives.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to E;

1. Legal chemical appraisal report and gene appraisal report;

1. Application of the Messen photographic Messenic and G Messenic statute

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.