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

To the extent that there is no risk of actual disadvantage to the defendant's exercise of the right of defense, part of the facts charged was appropriately revised.

1. Around 00:00 on September 17, 2019, the Defendant was in contact with the victim B (a spouse in a de facto marriage, 33 years of age) who was a de facto spouse in a friendly Gu, and was drinking together at the victim’s main point of “D” located in Gyeyang-gu Incheon or “D” located in Gyeyang-gu Incheon, and the victim was under the influence of alcohol and went to the victim by drinking the victim for having sexual intercourse with the victim, and neglecting the victim’s sexual intercourse.

At around 03:00 on the same day, the Defendant, under the influence of alcohol, went off the clothes of the victim who can take part in the bed of the bed, and had sexual intercourse by inserting the victim’s chest, the part of the bed fast at several times, and inserting the sexual organ into the bed part of the victim. As such, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist. 2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Camer, Etc.) around 04:0 on September 17, 2019, the Defendant, at around 04:00, took advantage of the victim’s galthothic function inside the bed mobile phone (Evidence No. 1) of the Defendant’s galthothic body, galthic body, and the part of the victim’s galthic body, galthic body or galthic body of the Defendant.

Accordingly, the defendant used the victim's failure to resist, thereby putting the victim's fingers into the victim's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. G statements;

1. Statement of seizure;