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.

Punishment of the crime

The defendant is a student attending the "B University" in China, and around June 2019, the victim C (the 24 years of age) was sent to and informed of the contact with the victim C in the drinking house located under the influence of China.

On July 9, 2019, at around 18:00, the Defendant met the victim's 'E' at the package 'E' located in Mapo-gu Seoul Metropolitan Government D', and had the victim take in the taxi with the victim' before the package 21:46 on the same day, the Defendant got in the taxi at around 22:00 on the same day, after having arrived at the 'Fel' of Yangcheon-gu Seoul Metropolitan Government on the first floor.

The Defendant, while getting on and off a taxi, set off the victim’s clothes with earth and sand from the victim’s clothes, laid off the victim’s clothes, and laid off the victim’s clothes on the bed of the victim’s bed, and the Defendant, at the home of the Defendant in the vicinity of the said telecom, found the victim’s clothes into the bed room of the victim’s bed, and found the victim’s bed by drinking around 00:00 on July 10, 2019, and had sexual intercourse once with the victim who was locked again at around 01:00 on the same day.

Accordingly, the defendant has sexual intercourse with the victim twice by taking advantage of the victim's non-fluence state.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complaint, recording book, etc.;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes prescribed in the crime of quasi-rape committed around July 10, 2017, with heavy circumstances) among concurrent crimes;

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. Special cases concerning the punishment, etc. of sexual crimes committed against community service or attending lectures;