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

On August 14, 2018, at around 23:00, the Defendant recommended the victim C (n's, 17 years of age) who was expected to be a utility pole under the influence of alcohol at the location of the Defendant’s house in the Dong-gu Incheon Dong-gu B building, and the Defendant’s house in the same subparagraph, and recommended the victim to drink at the Defendant’s house, take the victim’s face into the Defendant’s house, take the victim’s face into the victim’s face, take the victim under the influence of the victim’s face, cut the victim’s chest into the victim’s clothes, knife the victim’s chest with the victim’s clothes, and continuously put the victim’s chest into the victim’s chest in the part of the victim’s body once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Requests for appraisal;

1. Application of CCTV images (Evidence Nos. 5) Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1)

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. The fact that the accused has no record of being punished for a sexual crime, and that the registration of personal information alone seems to have the effect of preventing recidivism by the accused, as well as the age, occupation, family environment, and society of the accused.