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

At around 23:00 on June 2018, the Defendant viewed the World Cup Korea and Japan as the victim D (the age of 39) at the Defendant’s house located in Busan Shipping Daegu, Busan. In viewing the World Cup Korea and Japan, the Defendant did so and did so in the Defendant’s house.

At around 07:00 on the following day, the Defendant reported that C goes out of the house due to his work, and entered a room where the victim was able to sleep by her scam, and scam the victim's chest by her hand, cut off the victim's panty, and put the victim's finger into the victim's sexual flag.

The deduction was 4-5 repeated.

The Defendant stated that the Defendant used the victim’s “unsatisfying” condition and used the victim’s “satisfying” or “satfying.”

However, the failure to resist refers to a case in which psychological or physical resistance is not possible due to reasons other than mental disorder, and if the victim was diving, it constitutes the state of mental disorder (see, e.g., Supreme Court Decision 2001Do3490, Sept. 14, 2001).

However, in light of the fact that the victim's sexual intercourse stated in the facts charged, there is no risk of causing disadvantages to the defendant's exercise of his/her right to defense, and thus, it is not sufficient to add "sane or mental health" to the

Using the state of non-performance to resist, the defendant's finger was put in the victim's finger.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's age, occupation, risk of recidivism, motive and crime of the instant crime, exemption from disclosure orders and notification orders under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;