A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. On April 21, 2020, at around 01:10, the Defendant discovered the victim B (the victim, 30 years of age, hereinafter “victim”) who was frightened under the influence of alcohol on the street prior to the bus stop located in the sub-city 35, Seocheon-si, Seocheon-ro, 35, and turned the victim into the taxi, after checking the state of the victim, and then, she went back to C lending in the same city where the Defendant was the Defendant’s residence.

At around 01:30 on the same day, the Defendant: (a) laid a taxi on the street in front of the above residence; (b) laid the victim under the influence of alcohol, who was parked in the vicinity of his body, and laid off the victim’s clothes, laid off the victim’s clothes, and sexual intercourse by inserting the victim’s sexual organ into the victim’s sound book.

2. As described in Paragraph 1, the Defendant, after having sexual intercourse with a victim who lost his mind while drunk in a passenger car in the above Spoty area, she re-entered himself/herself, and re-entered his/her clothes, and re-entered him/her into the Defendant’s residence and re-entered him/her into the Defendant’s residence.

The Defendant, from that time to 08:30 on the same day, exceeded all clothes of the victim, who is in a state of being drunk, and inserted his sexual organ into the body of the victim, and sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist twice in total.

Summary of Evidence

1. The defendant's protocol of statement B, each police officer's protocol of statement F;

1. A report on the occurrence of a written statement in B (Rape), a report on the internal investigation into the case of rape, a report on each investigation [Voluntary submission by a victim of the clothes worn by the victim at the time of the damage, submission of photographs of the suspect's residence, confirmation of the family register at the domicile of the victim, the victim's memory status of the suspect's vehicle in the victim B (personal telephone conversations, confirmation of the vehicle ownership by a household member at the domicile of the suspect taken by the victim, on-site CCTV investigation-G, and on-site;