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

Punishment of the crime

On July 19, 2019, the Defendant offered to the victim C (the 20-year old-old age), who was first in the vicinity of Daegu Metropolitan City B, to drink alcohol together, and dact alcohol together at the point of “E” located in D in the same city around 04:31 on the same day.

At around 06:24 on the same day, the Defendant: (a) had the victim under the influence of alcohol changed from the time to the house; (b) had the victim faced with the defect; and (c) had the victim taken her house in the residence of the Defendant of the F Building G of the same Jung-gu, Jung-gu, Seoul; (b) had the victim taken her panty and panty, inserted the victim's panty into the sound part under the influence of alcohol; and (c) had the victim her body at resistance, taken the victim's body into the victim's body; and (d) had sexual intercourse with the victim by inserting her fingers, inserting her fingers, hand, inserting her hand, and inserting her fingers into the part of the victim's sound; and (e) had the victim suffered from the loss and her part of the other part of the fingers and her fingers and the part of the part of the victim's fingers and the part of the part of the victim in need of one week treatment.

Accordingly, the defendant raped the victim by taking advantage of the victim's mental or physical state of difficulty to resist, and suffered the above injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Each written diagnosis (mams and girls, grandchildren, etc.);

1. An internal photograph in a restaurant, a photograph produced by putting the victim therein, etc., and each gene assessment report (the detection of male DNA type, and the cultivation of semen reaction);

1. Application of Acts and subordinate statutes to investigation reports (to secure CCTVs at E-cafeterias, etc.);

1. Article 301 of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning criminal facts, and the choice of limited imprisonment;

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 consideration shall be made again for the reason of sentencing);

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

1. The disclosure; and