A defendant shall be punished by imprisonment for two years.

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

Criminal facts

The Defendant became aware of the Victim F (hereinafter “E”) at the “E” drinking house located in Bupyeong-si, Seocheon-gu, Seocheon-gu, Seoul, in combination with the Victim F (hereinafter “E”), and his conduct.

On November 10, 2015, the Defendant: (a) entered an officetel of the Defendant, located in Seocheon-gu, Seocheon-gu, Seocheon-gu G, with the victim under the influence of alcohol, and (b) had sexual intercourse once with the victim under the influence of alcohol, who is in the state of mental or physical loss by going on the body of the victim under the influence of alcohol; (c) the victim, who was frighted up, had the victim’s arms with the defect of resistance, divided the victim’s buckbuck paper into the victim’s buckbuck paper with the victim’s resistance; and (d) had the victim’s sexual organ inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant, using the victim's mental and physical loss state, was prosecuted by the prosecutor based on the actual concurrent relationship between the crime of rape and the prosecution based on the victim's criminal facts.

However, according to the records of this case, the defendant, while having sexual intercourse with the victim in a state of mental or physical loss under the influence of alcohol, caused the victim to have both arms and resistance against the victim, and forced the victim to bucks with one bridge, and rapes the victim. Such a series of acts by the defendant are conducted by having a single and continuous criminal intent to have sexual intercourse with the victim in a state of mental or physical loss. Thus, it is reasonable to view the crime of quasi-rape as a simple crime of quasi-rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F (tentative name) and H;

1. Each police investigation report (CCTV, results of appraisal in emergency of sexual assault against victims, results of appraisal), prosecutorial investigation report (report accompanied by a victim recording file);

1. Each letter or record of the expert opinion;

1. The application of CCTV-related Acts and subordinate statutes to photographs, CCTV shots, CDs, tape-recording files, etc.;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.