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

The defendant, as an acting driver, had a victim B (n, 38 years of age) drive a vehicle on behalf of the defendant.

Around 04:00 on December 15, 2019, the Defendant, while driving a vehicle of the victim on behalf of the victim at the old-si C Underground Parking Lot, was drunk, and the victim had sexual intercourse by inserting the victim’s sexual organ into the back seat of the vehicle with the intent to have sexual intercourse with the victim by taking advantage of the victim’s non-able state of resistance at the rear seat of the vehicle.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Act and subordinate statutes to the police statement report on B on the investigation report on the police statement protocol (related to the CCTV investigation), CCTV images, video CDs, investigation report (the details of telephone conversations submitted by the victim), telephone conversations, investigation report (related to the suspect's telephone content of the USB submitted by the victim), telephone conversations, each request for appraisal and response, investigation report (related to the results of the request for appraisal), investigation report ( listening to the victim's telephone statement) to the Act and subordinate statutes;

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso and Article 50(1) proviso (amended by Act No. 16622, Nov. 26, 2019) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the disclosure or notification order of personal information may seriously affect the Defendant; (c) order to complete a program, order to restrict employment, and registration of personal information,

that is visible; and