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

1. Around November 18, 2017, the Defendant: (a) discovered the victim F (25 years of age) who was under the influence of alcohol in front of the building located in Gangnam-gu Seoul, Seoul, and was boomed without a mind; (b) discovered the victim F (25 years of age); (c) caused the victim’s fear of bringing the victim into the Defendant’s residence and having sexual intercourse; and (d) caused the victim’s fear of having the victim sexual intercourse with the victim’s shoulder at the Defendant’s residence; and (c) led the victim under the Gangnam-gu Seoul Metropolitan Government GB01 whose size is about 300 meters away from the above place.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. Between November 18, 2017 and from November 23:40 to November 03:00, 2017, the Defendant: (a) took advantage of the fact that the kidnapped victim, as in the preceding paragraph, cannot resist the victim’s body and body because of the breath’s physical and mental loss by drinking alcohol; (b) took off all the victim’s lower parts of the body and brue; and (c) taken off the victim’s chest and brue; and (d) inserted the victim’s chest into the part of the victim’s body as soon as possible; and (d) inserted the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Legal and chemical appraisers and gene appraisers;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to investigation reports (related to the first field conditions), investigation reports (related to the receipt of reports and search status), investigation reports (to analyze CCTV images of control centers);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course;