A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

[2016 고합 287] 피고인은 2015. 11. 17. 23:50 경 서울 용산구 D에 있는 E 버스 정류장 벤치에서 술에 취해 몸을 제대로 가누지 못하는 피해자 F( 가명, 여, 26세) 을 발견하고, 집까지 태워 다 주겠다면서 자신이 운전하는 G 시트로 엥 승용차 조수석에 태웠다.

From 23:55 on the same day to 00:10 on the following day, the Defendant parked the said car in the vicinity of the I 119 Safety Center located in H in Jung-gu in Seoul, Jung-gu, Seoul. The Defendant: (a) was off the knicker’s panty, knee and knee the knee of the knee; (b) had sexual intercourse once with the knicker; (c) the knicker was knife in the victim’s knife; and (d) the knife was knife by inserting the knife into the victim’s knife’s knife.

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

[2016 Gohap 513] On January 8, 2016, the Defendant: (a) placed a back door on the street in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, and stolen it by holding a bank amounting to KRW 900,000,000,000,000 in the market price of the victim’s ownership on the MA parked in a temporarily parked vehicle without correction by the victim L; (b) had a handphone in the vehicle; (c) a Handphone in the market price of the victim’s ownership; (d) a Handphone in the vehicle; and (e) a card wall, etc.

Summary of Evidence

[2016 Gohap 287]

1. Statement by the defendant in court;

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

1. An investigation report (I 119 Safety Center Nfire fighters), an investigation report (to have a victim’s commercial telephone conversation), and an investigation report (to attach one copy ofCCTV and video CD separately);

1. Each request for appraisal and response (referred to Serial 13,53 in list of evidence) / [2016 Gohap 513];

1. Statement by the defendant in court;

1. Lritten statements;

1. Reporting on investigation (in the vicinity of CCTV investigations) and application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment (the point of quasi-rape) and Article 329 of the Criminal Act (the point of intention and the choice of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.