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

Punishment of the crime

At around 01:00 on June 8, 2020, the Defendant first known the Victim C (Inn, 31 years of age, and name), and around 02:30 on the same day, at “D” located in the same Gu as “D”, both the victim and his wife were returned home first, while under the influence of alcohol left with the victim and his wife, the Defendant she was able to rape the victim by making use of the victim’s state of her refusal to resist with locked and panty, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant raped the victim by taking advantage of the insane condition where the victim could not resist because of the insane.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement of the C (tentative name), E, and F;

1. C’s written complaint, investigation report (Perusal of the victim’s photograph), investigation report (in the case of CCTV images at the scene of a crime), closure photographs, investigation report (Submission of victim’s written opinion), recording records, text records, investigation report (Submission of the written statement and video) (in the case of the defendant), investigation report (in the case of the CCTV images at the scene of a crime), the application of Acts and subordinate statutes;

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 (The following factors shall be repeatedly considered for 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders; Article 49(1) proviso and Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202).