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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.
Reasons
Punishment of the crime
On October 16, 2017, the Defendant, while drinking in subway 2 line E in Pyeongtaek-gu, Seoul Special Metropolitan City, was aware that there are many women who were late in the night, had a sexual intercourse with the above women, and parked a G K5 car owned by the Defendant on the front road in Gwanak-gu, Seoul Special Metropolitan City, at around 23:40 on the same day from October 17, 2017 to around 0:55 on the same day.
1. On October 17, 2017, the Defendant: (a) discovered that the victim H(s) under the influence of alcohol in the said E Station (hereinafter “V”), who was under the influence of alcohol in the said E Station, did not walk properly in the stairs and railing; and (b) concluded that the victim “I will move to the house” for the purpose of sexual intercourse with the victim; and (c) caused the victim to go to the road front of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, by moving the cab to the seat of the 5 passenger car.
Accordingly, the defendant enticed the victim for the purpose of sexual intercourse.
2. On October 17, 2017, around 02:13, 2017, the Defendant, a quasi-indecent act, driving the said G K5 car from the front road of Gwanak-gu in Seoul to the front road of Gwanak-gu in Seoul Special Metropolitan City to the first day of Gwanak-gu in Seoul Special Metropolitan City, was under the influence of a victim who was unable to properly resist due to the influence of alcohol on the front day of the car operation and became the chest of the victim.
Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.
3. A defendant who has attempted quasi-rape shall be unable to have the victim engage in sexual intercourse because he/she has committed an indecent act against the victim as prescribed in paragraph (2);
On October 17, 2017, around 03:10 on October 17, 2017, a person driving the said G K5 car from the front road of Gwanak-gu in Seoul Special Metropolitan City to the front road of Gwanak-gu in Seoul Special Metropolitan City, so as to attract a victim who is unable to properly resist by drinking, and is placed on the back seat of the victim, and then is set off off off the victim's brightness and clothes, and put the victim's body into the back part of the victim, but the victim was her body.