A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 20:00 on May 11, 2019, the Defendant, in the vicinity of the subway No. 1 of the Dong-gu Busan Metropolitan City subway No. 200, 2019, she first her drinking together with the victim B (the family name, the age of 26). On May 12, 2019, around 00:10, the Defendant got the victim who was under the influence of alcohol under the Busan Metropolitan City Maur D.

From around 00:10 to 01:40 on the same day, the Defendant: (a) exceeded the clothes of the victim who was drunkly drunk and lost his mind; (b) inserted the Defendant’s sexual organ into the victim’s negative part; and (c) suffered injury to the victim, such as “the size of 1.0cm accompanied by blood transfusion” in the number of days of treatment days.

Accordingly, the defendant had sexual intercourse with the victim who is in a state of impossible to resist by drinking, and suffered injury to the victim in the process.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of B and E;

1. Requests for appraisal (2019-S-4326, 4338);

1. In the following circumstances, the defendant asserts that he/she has not inserted his/her sexual organ as stated in the judgment only when he/she puts his/her finger in the victim's negative organ (in the investigation of field going out, etc.), the report of internal investigation (in the case prepared by E by the witness for reference), the report of investigation (in the attachment of a medical statement to a CD), the report of investigation (in the phone of a police officer related to the CCTV image), the report of investigation (in the case of a police officer's call), the report of investigation (in the case of a police officer related to the CCTV image), and the report of investigation (in the case of a witness statement of the victim), but this court adopted and investigated by the evidence. (i) Although the victim tried to be inserted into the Defendant's sexual organ at the investigative agency, the victim appears to have opened the body and the doctor only at the entrance of the Defendant, and even without being inserted in the depth at the time, the defendant attempted to fully inserted into the Defendant's sexual organ but did not completely inserted it (the same shall apply to evidence).