A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant was approaching the victim D (a name) and the victim's dead village E on the day of the case, and drinking together with his female and became aware of it.

around 06:20 on March 17, 2018, the Defendant, with the consent of a taxi engineer, was lying the victim into another taxi with a view to having the victim engage in sexual intercourse with the victim who was under the influence of alcohol, and the victim was born to the victim on March 17, 2018 at the “Gel” located on the second floor of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, with the consent of the taxi engineer.

계속해서 피고인은 그 곳 침대에 누워 잠이 들어 있는 피해자의 스타킹과 팬티를 내리고 상의를 가슴이 보일 정도로 올린 후 피해자의 입술에 키스하고, 피해자의 양쪽 가슴을 혀로 핥고, 피고인의 성기를 피해자의 음부에 삽입하였다.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of his mental and physical loss or her non-recoverable condition while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (2018-H-5022 as a result of a reply to a request for appraisal and whether a suspect DNA corresponds to the suspect DNA);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

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 notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of having been punished by imprisonment or more before committing the instant crime, the fact that the defendant has no record of being punished by imprisonment or more before committing the instant crime, the registration of personal information of the defendant, and taking lectures in treating sexual