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.

Punishment of the crime

On June 5, 2016, at around 03:25, the Defendant discovered the Victim G (tentative name, summer, 26 years old) who was in a driver's seat of F Cuulow vehicle with drinking alcohol in the vicinity of E Station D and used the victim's drinking condition, and had the victim take advantage of the victim's drinking condition, and had the victim take a sexual assault.

1. The Defendant illegally used a motor vehicle: (a) moved the victim to a auxiliary seat; and (b) moved approximately two kilometers after driving the said motor vehicle to the I hotel located in H.

Accordingly, the defendant used the victim's car temporarily without the victim's consent.

2. Around 03:44 on the same day, the Defendant: (a) left the victim who was unable to walk properly; (b) left the victim’s clothes 505; and (c) exceeded all the victim’s clothes; and (d) has sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim made to G in the police station;

1. Each report on investigation;

1. A gene appraisal report;

1. A receipt used by a suspect;

1. Application of the Acts and subordinate statutes governing the CCTV course photograph;

1. Relevant Articles 331-2 and 299 and 297 of the Criminal Act concerning the crime and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;