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 22:00 on February 11, 2020, the Defendant, at “C”, a Chinese food restaurant located in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Incheon, where the Defendant was the Defendant’s workplace, as well as the victim D (the victim 17 years of age), who is a workplace club, and went to the victim under the influence of drinking, and moved the victim into the same Gu Eel on the 12th day of the same month and moved the victim to the same Gu Eel on the 01:02 day of the same month, moved the victim into the above telecom, moved the victim into the victim's room in the above telecom, taken the victim’s body into the bend, and was drunk by taking advantage of the victim’s inability to resist the awareness, and putting the victim’s chest into the victim’s panty and the part of the victim’s to resist by taking advantage of the victim’s state of the victim’s finger and the victim’s finger.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Reports on internal investigation, investigation reports (related to perusal and reproduction of CCTV at generated places), investigation reports (victimD telephone communications);

1. Application of Acts and subordinate statutes, such as site photographs, printed materials, and field telegraphs;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) have no record of sexual crimes prior to the instant case, and the Defendant’