A defendant shall be punished by imprisonment for three years.

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

The defendant and the victim B (the family name, the female, the age of 61) are internal relations.

1. The Defendant is not a person handling narcotics, etc.

Nevertheless, at around 08:20 on August 1, 2020, the Defendant: (a) around the tunnel, which is located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; and (b) on the stroke-gu, a psychotropic drug prescribed by the previous Defendant, a psychotropic drug that contains the ingredients in the stroke-gu; (c) mixed the ethyl content with the ethyl content of the stroke-gu, which is a psychotropic drug that the previous Defendant was in possession; and (d) allowed the victim, who was aboard the vehicle that the Defendant driven, to drink

Accordingly, even if the defendant is not a person handling narcotics, he administered and used psychotropic drugs to the victim.

2. The prosecutor entered the name of the crime in the indictment as "rape injury" and the applicable provisions of law as "Articles 301 and 297 of the Criminal Act" but the facts charged stated the elements of "rape" by stating that "the defendant had raped the victim by taking advantage of the victim's mental disorder or the state of impossibility to resist." In light of the facts acknowledged by the evidence, etc., the name of the crime was "rape injury" and the applicable provisions of law were corrected in compliance with the above facts

At around 09:20 on the same day, the Defendant: (a) around the same day: (b) around 09:20, the Defendant laid off the victim’s clothes in a state of failing to resist, and added the Defendant’s sexual organ into the part of the victim’s sexual organ. As such, the Defendant was sexual intercourse by drinking the drinking water mixed with the water in which the water surface leading agent was mixed with the Defendant’s mind due to the drug effect.

As a result, in the course of sexual intercourse with the victim by taking advantage of the victim's mental disorder or non-satisfy condition, the Defendant inflicted an injury on the victim, such as satisfying, blodying, and acute infection.

Summary of Evidence

1. The police in relation to the defendant's legal statement B