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 a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 05:00 on October 30, 2017, the Defendant: (a) was waiting to leave the E club located in Gangnam-gu Seoul, Seoul; (b) when the Defendant was waiting to leave the said club parking lot, the Defendant discovered that the Victim G (V, 25 years of age, and Ga) who carried out diving with the said club met with the said club, was sitting on the road without the body of the victim; (c) confirmed that the victim was seated with the horse, and confirmed that the victim was seated with the horse, with the intent of having sexual intercourse with the victim, the Defendant carried the victim on the back seat of the said car parked in approximately 50 meters away from the victim; and (d) went to the hotel 407 L in the 25 km-si zone.

Accordingly, the defendant kidnapped the victim for sexual intercourse.

2. Around October 30, 2017, the Defendant: (a) around 05:40, on the part of October 30, 2017, 407, she laid off the Maurel 407 of the above paragraph (1); (b) laid off the victim’s clothes first; (c) exceeded the victim’s clothes; and (d) inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. A investigation report (a CCTV analysis inside and outside of a hotel) and a investigation report (CCTV investigation);

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime and Article 288 (1) of the Criminal Act (the point of kidnapping sexual intercourse);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Punishment, etc. of orders to attend lectures and orders to provide community service sexual crimes;