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

Punishment of the crime

At around 22:20 on January 9, 2015, the Defendant: (a) 22:20, while drinking fluor and drinking at a 'D’ alcohol house in the Gumisico, she fluor and drinking fluor and fluoring fluor and drinking together with a table, she fluoring the victim E (20 years of age) who was drinking fluor and drinking fluor in another table, and performed drinking together with the victim, she was under drinking fluoring fluor at the same time as 100 meters away from each other; (b) she had the victim, while drinking fluorcing fluor and drinking fluor, had the victim sexual intercourse with the victim by reporting fluoring fluor under the influence of alcohol.

At around 00:30 of the following day, the Defendant: (a) laid the victim’s body under the pretext that he takes the victim’s house before the foregoing drinking house, and (b) laid the cab from the taxi to the Iel located at H of the same city as that located at H of about one kilometer away from that place, and (c) laid the victim into the said 201 room.

The defendant, taking advantage of the insane condition that the victim is unable to resist due to alcohol, exceeded the victim's upper, lower and lower clothes, and inserted the Defendant's sexual organ into the victim's sexual organ.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's mental or physical disability or non-performance to resist, leading the victim to medical treatment for about 10 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E and J police officers;

1. Investigation report (in relation to the on-site inspection of a suspect), investigation report (in relation to the capture of CCTV and video files, which is a place where the suspect is involved);

1. The defendant and his defense counsel in a medical certificate acknowledged the fact that the defendant had sexual intercourse with the victim and was injured thereby, but they do not have sexual intercourse with the victim by taking advantage of the victim's mental disorder or inability to resist.

The victim is before and after the crime is committed by an investigative agency up to this law.