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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 24, 2017, around 06:30, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, discovered the F (Ga name, credit name, 22 years old) under the string of alcohol on the subway platform of 2 lines EV located in Gangnam-gu Seoul Metropolitan Government, and intended to have sexual intercourse with such female, and moved such female to a line of telecom with a taxi.
At around 07:14 on the same day, the Defendant left a taxi in front of the telecom in Dongjak-gu Seoul Metropolitan Government H, and entered the above F into the above telecom, and took off the case’s non-national credit card in the name of the female from the wall A, and paid 55,00 won by presenting the above credit card to the victim, where it is impossible to know that he had legitimate right to use the telecom, while doing so as to do so.
However, the above credit card was not based on the above F's intention and was separated from the possession of the female, and the defendant did not have a legitimate right to use the above credit card.
Accordingly, the Defendant, by deceiving the above victim, obtained property benefits equivalent to KRW 55,00, and illegally used the above F credit card.
2. The Defendant, after paying the expenses for quasi-rape as above, flaged the victim F and laid the victim F into the victim 205 room, and flaged the victim’s clothes at the above guest room around 07:30 on the same day, flaged the victim’s clothes, flaged by drinking in the above guest room, and inserted the victim’s sexual organ into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and I;
1. CCTV video CDs;
1. A report on the occurrence of a crime (rape-rape), a report on internal investigation (insular CCTV), a report on internal investigation (insular death on a taxi in which relevant persons were aboard), a report on investigation (insular CCTV investigation by relevant persons), a report on investigation (insular investigation by relevant persons), a response to each request for appraisal, a response to an investigation report (insular notification related to the settlement method) shall be applied by law.