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

On September 26, 2017, the Defendant: (a) around 04:40 on September 26, 2017, at the house of the victim D (name, fring, 36 years of age) located in Chungcheongnam-gu, Gwangju (hereinafter “2017 High 437”), drinks alcohol with the victim; (b) the victim, under the influence of alcohol, had the victim enter the said house inside and out of the said house to commit rape; and (c) attempted to rape the victim with the panty of the victim in a state of impossibility of resisting, under the influence of alcohol; (d) the victim saw off her panty of the victim in a state of impossibility of resisting; and (e) the victim she attempted to commit rape, but she failed to escape with the wind reported to 112.

Accordingly, the Defendant attempted to rape a victim in a state of resistance.

around 22:50 on July 5, 2017, the Defendant: (a) around 22:50 on July 5, 2017, the Defendant: (b) in the dwelling space of the victim D (name, leisure, 36 years of age) located in Gwangju North-gu, Gwangju (hereinafter referred to as "victim D") with one other, and (c) entered the dwelling room with one other, while drinking alcohol, and had the victim locked, and had the potential to have sexual intercourse with the potential victim in the dwelling room under the influence of alcohol.

Accordingly, the defendant, after entering the victim's inside room where the victim she is her own, drinks alcohol and walked her panty, taken off the victim's panty, walked her spanty and broke, and deducted the victim's chest from the victim's her chest and her fingers, added the victim's fingers several fingers, and had sexual intercourse by inserting the sexual organ into the part of the victim.

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossibility situation.

Summary of Evidence

"2017 Gohap 437"

1. Statement by the defendant in court;

1. Written Statements 2017 Gohap 593;

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. A gene appraisal report (164 pages of investigation records);

1. Application of Acts and subordinate statutes to the 112 Report Statement;

1. Articles 300, 299, 297 ( point of attempted quasi-rape) of the Criminal Act concerning the facts constituting an offense, and Articles 299 and 297 of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the quality of a crime is added).