A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant was aware of the face of his being sworn in the same kind as the victim C(n, 47 years of age).

On September 25, 2014, at around 02:00, the Defendant discovered the victims of returning to Korea under the influence of alcohol while driving away from the left side of the Defendant, and coming back to the house, with the transition (19cm in length, 8.5cm in length) that is a dangerous object in front of the commercial building of the Dokdong-dong Apartment apartment, Kimcheon-si, Kimcheon-si, Kimcheon-si.

At around 02:30 on the same day, the defendant arrived at the victim's house located in Kimcheon-si, Kimcheon-si, and brought the victim's sexual organ into the part of the victim's sexual organ by taking advantage of the victim's condition where the victim is unable to resist by drinkingly reporting that the victim was boomed into the house of the victim beyond the wall, and spanching the victim by spanching the victim's span and panty, cutting off the victim's spanty, and inserting the victim's sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim who is not able to resist with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police investigation report (specific suspect, specific time for crimes);

1. The police seizure record and the list of seizure;

1. Each request for appraisal;

1. Application of the relevant Acts and subordinate statutes to on-site photographs, Kakao Stockholm messages, one copy of each photograph;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Act on the Protection of Children and Juveniles against Sexual Abuse;