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

On December 29, 2016, the Defendant: (a) discovered the victim E (at the age of 19) who was under the influence of alcohol in front of the apartment house in Gyeyang-gu D, Gyeyang-gu; (b) decided to engage in sexual intercourse with the victim; and (c) laid the taxi in a state of in which consciousness is unclear by asking the victim to the said taxi; and (d) laid the victim into the said taxi and force the victim into the Gel 211 in the same Gu, and force the victim into the said taxi.

At around 02:00 on the same day, the Defendant continued to engage in sexual intercourse with the victim on a one-time basis, taking advantage of the victim’s influence which could not take the body under the influence of alcohol in the above Gel 211.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in E and H;

1. E statements;

1. Certificates of the results of deposit transactions, analysis photographs of CCTV image data, investigation reports (the analysis of CCTV for crime prevention against the moving of the victim and the identity of the suspect), analysis photographs of CCTV data for the crime prevention of DNA apartment buildings, photographs of the card prior to the card in which the victim has settled the taxi fee, and the application of each gene appraisal document related statute;

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of kidnapping sexual intercourse) and Articles 299 and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime, and the fact that the defendant has no record of being punished for a sexual crime, the registration of personal information and the lectures to treat sexual