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

At around 01:50 on October 8, 2018, the Defendant, as a woman-friendly Gu building C in Ansan-si, a woman-friendly Gu, and the victim D (the age of 28) who was a woman-friendly Gu, who was born to be a guest, was under the influence of alcohol and was able to resist due to the use of the state of her ability to resist, inserted the finger into the victim's body, inserted the finger into the body of the victim, and made both fingers by inserting his fingers into the bro, and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes of the 2018-H-26272);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In light of the fact that there is no history of sex offense against a defendant who has failed to issue an order to disclose or notify the information, the relationship between the defendant and the victim, and the circumstances leading to the instant crime, it is difficult to see that the defendant is highly likely to recommit a sexual crime against many unspecified persons, and other circumstances such as the benefits and preventive effects expected by an order to disclose or notify the defendant, and disadvantage and side effects accordingly, the defendant's personal information shall not be disclosed or notified.

1. The fact that there is no history of sex offense against the defendant who is subject to an employment restriction order issued to institutions, etc. related to children and juveniles and welfare facilities for disabled persons, etc., the fact that it is difficult to see that the defendant is highly likely to recommit sexual crimes against many and unspecified persons in light of the relationship between the defendant and the victim and the circumstances of the instant crime, etc.