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

1. Around 00:00 on May 15, 2019, the Defendant: (a) discovered the victim C (a person, a person, and a person aged 30) under the influence of alcohol in front of Gwanak-gu, Seoul Special Metropolitan City; (b) made a false statement that the victim shows his/her identification card to the victim for the purpose of sexual intercourse with the victim; and (c) made a false statement that the victim “I want to assist. I will have been under the influence of alcohol; (d) I want to move the victim to the DaMocom E room in Gwanak-gu, Seoul Special Metropolitan City.”

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

2. Between May 15, 2019 and around 00:38, to 01:05, the Defendant was under the influence of alcohol in the above Damo E heading room and the above Moel roof, and was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of the victim’s chest, and was placed in the part of the body of the Defendant.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each legal statement of witness C and F;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes to recording files of each recording;

1. Article 288 (1) of the Criminal Act applicable to the relevant criminal facts, Articles 29 and 297-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Articles 2 and 59-3(1) main text of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 1711, Dec. 11, 2018).