A defendant shall be punished by imprisonment for five years.

The seized male panty panty (No. 1) shall be confiscated.

(b) the defendant;

Punishment of the crime

1. On September 2, 2017, the Defendant was driving by the Defendant with a view to discovering the victim D (one’s name, two-year-old age) who is under physical and mental loss due to drinking in front of Manan-gu, Manan-gu, Manan-gu, Manan-gu, Manan-si, and having sexual intercourse with the victim.

E AW Roon on the top of the KS7 car, and transported approximately KRW 2 km to the lower side of the G bridge located in Manyang-gu, Manyang-gu, Annyang-gu.

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

2. 준강간 피고인은 2017. 9. 2. 23:50 경 안양시 만안구 F에 있는 G 다리 밑 주차장에서 제 1 항 기재와 같이 피고인 운전 차량의 조수석에 만취되어 쓰러진 피해자를 양손으로 들어 올려 차량 뒷좌석에 눕힌 후 피해자의 항거 불능인 상태를 이용하여 입으로 피해자의 가슴과 음부를 핥고, 피해자의 팬티를 옆으로 제치고 피고인의 성기를 피해자의 음부에 삽입하여 피해자를 1회 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (No. 12, 13, and 14 No. 14);

1. A detailed statement of the processing of reported cases;

1. A reply letter requesting genetic appraisal;

1. Application of the Acts and subordinate statutes to record on-site photographs of scientific investigation teams;

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

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 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.