A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On June 6, 2017, the Defendant: (a) around 04:20, around Busan, 2017, 207 “Dur” 207, located in “E” located in “E” located near the above her mother line, and (b) had the victim F (19 years of age, female) first met with the victim, and had the victim do sexual intercourse by using a club to the extent that the victim’s body cannot be accumulated; (c) had the victim’s body; (d) had the victim flowed into the bed; and (d) had the victim go on the bed on the bed; (e) had the victim her seated, she did so on the back of the victim, who did not flow too much much alcohol, and she did so with the victim’s lower and her panty, she did so by her hand, with his/her finger, or with about 5 to 10 minutes of the victim’s body, and took the victim’s her part by hand.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. Each investigation report (including submission of suspect G data, implementation of video recording, securing of CCTV images, etc., analysis of CCTV images in contact with DNA, attachment of data, such as location at the scene of the crime, attachment of a response to a request for appraisal, submission of suspect additional data, and reporting on whether the victim actually treated the victim), and accompanying documents;

1. Application of the provisions of Acts and subordinate statutes on G letters, diagnostic records, and photographs of the upper part of the body of the victim and the suspect;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.