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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 00:00 on February 25, 2019, the Defendant: (a) was under the influence of drinking and drinking alcohol at C drinking house located in Dong-gu, Chungcheongnam-gu, Dong-gu; (b) was under the influence of drinking and drinking alcohol, such as Da (20 years of age), E, etc., and was under the influence of drinking alcohol after the victim was under the influence of drinking alcohol; (c) was under the influence of drinking alcohol on February 25, 2019; and (d) was under the influence of drinking alcohol on the part of the victim located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (d) was under the influence of drinking alcohol on the part of the victim; and (e) was under the influence of having the victim discharged the victim’s clothes by taking the victim’s sexual organ into the victim’s sexual organ, and was under sexual intercourse by inserting the victim’s sexual organ once in the victim’s gender.

2. On February 25, 2019, from around 03:23 to 04:01 on the same day, the Defendant obtained pecuniary benefits equivalent to the same amount by inputting the password already known to the victim and transferring 50,000 won from the bank account in the name of the Defendant from the victim to the G account in the name of the Defendant, without the consent of the victim, while the victim lost his mind as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account transfer;

1. Relevant Articles 299 and 297 of the Criminal Act and Article 347-2 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment prescribed for the crime of quasi-rape with heavier punishment) among concurrent crimes;

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 (The following consideration shall be made again for the reason of sentencing);

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

1. An order of disclosure, notification and notification; and