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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 14, 2016, at around 23:00, the Defendant discovered the victim G (or 26 years of age) who gets from a taxi under the influence of alcohol on the street No. 6 line 3 in Seongbuk-gu Seoul, Seongbuk-gu, Seoul at around 23:10, followed the victim of the HF tower lane in his own operation in the manner of drinking between the victim and the victim who was under the influence of alcohol. On the same day, around 23:10 on the same day, the Defendant got into the parking lot of Seongbuk-gu Seoul Metropolitan Government I, and went back to the floor by cutting back the victim who was able to have her seated and her seated on the floor, and went into the 102 house of the "KMel" located in Seongbuk-gu, Seoul.

On June 14, 2016, the Defendant, at around 23:45, 2016, she drunked at the front room 102, and laid off the victim, who cannot properly take the body, and she was under the influence of alcohol, off the victim’s will and clothes, she was discharged from the victim’s inner part, and she was in sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement of the police statement related to G;

1. Investigation report (to hear statements from a victim by telephone);

1. Each request for appraisal and response (161, 163, 172 pages of evidence records);

1. Each description of the medical records for victims of sexual assault, childbirth, and opinion;

1. Images of a photograph (the 14th, 38th, 115 pages of evidence) of each CCTV image course;

1. Application of video-related Acts and subordinate statutes contained in CCTV images CDs, such as Kelel;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is an order to disclose or notify;