A defendant shall be punished by imprisonment for three years.

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

1. On June 19, 2017, around 23:17, the Defendant: (a) discovered, under the influence of alcohol, the victim E (the age of 38) who lost consciousness due to being drunk in front of the D Hospital located in Gwangju Seo-gu, Gwangju; (b) led the victim to his arms in order to engage in sexual intercourse, and (c) carried the victim’s arms on the street to the head of the FK5 passenger car owned by the Defendant who parked the victim on the street, and driven the victim on the street for the purpose of committing sexual intercourse.

Accordingly, the Defendant kidnapped the victim for the purpose of sexual intercourse.

2. Around June 19, 2017, the Defendant: (a) placed the kidnapped victim in front of the D Hospital located in Gwangju-gu, Gwangju-gu, in the front of the D Hospital, as set forth in paragraph (1) at the location where the Defendant’s driver’s aforementioned K5 car and the address below Gwangju-si is unknown; (b) placed the victim, who was unable to resist due to alcohol, on the back at the back seat of the steering line; and (c) placed the victim in a situation where he was unable to resist; and (d) placed the victim’s sexual organ out of the victim’s upper seat and panty, and inserted the victim’s sexual organ one time 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. Statement by the defendant in court;

1. Statement of the police statement to each E;

1. A report on investigation (related to the Integrated Investigation ofCCTV);

1. A response to a request for appraisal (genetic related), and a response to a request for appraisal;

1. Application of Acts and subordinate statutes that attach permits to request the provision of communication confirmation data and response data, and forecast routes guidance after committing the crime;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime and Article 288 (1) of the Criminal Act (the point of kidnapping sexual intercourse);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the sum of the long-term punishments of the crimes of quasi-rape heavier than the punishment prescribed by the said Articles is added);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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. The proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure orders and notification orders.