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

Punishment of the crime

The Defendant, on June 16, 2015, at the same university-friendly E (V, 201) located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, Da and 201, had sexual intercourse with the victim by putting the victim into the victim’s computer and putting the victim into the victim’s room after drinking the alcohol together with the victim, in order for only the Defendant to have sexual intercourse with the victim by taking advantage of the difference in the victim’s shoulderer, the victim’s breast, fluor, etc., and flus the victim’s chest, fluor, fluor, and inserting the Defendant’s sexual organ into the victim’s negative part, and inserted the victim’s sexual organ into the victim’s negative part.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement of the police statement related to G;

1. Recording recording report [The defendant and his defense counsel are the defendant's sexual intercourse only with the victim's consent, and the victim was in a state of mental or physical loss or resistance impossible, or the defendant did not have any criminal intent to commit sexual intercourse with the victim by using it under the influence of alcohol;

In light of the following circumstances acknowledged by the evidence adopted and examined by this Court, the victim’s statement that he/she suffered sexual intercourse from the Defendant under the influence of alcohol, as stated in its reasoning, can be sufficiently reliable, and the Defendant’s crime of quasi-rape can be acknowledged.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

① 피해자는 수사기관부터 이 법정에 이르기까지 ‘ 피해 자가 판시 일 시경 피고인과 술을 마신 후 술에 취해 자고 있었는데, 음부 부위가 아파 잠에서 깼더니 피고인이 자신을 성폭행하고 있었다’ 라는 취지로 진술하는 등 피고인의 판시와 같은 행위, 피해 자의 당시 상태, 피해의 내용에 관하여 상당히 구체적으로 진술하였고, 이는 범죄사실의 주요 부분에 있어 일관된다( 이에 반하여 피고인은 경찰...