A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

At around 05:00 on July 7, 2019, the Defendant was raped by inserting the Defendant’s sexual organ into the victim’s sexual organ, wherein the Defendant was exposed to the Defendant’s house located in Yasan-gu B apartment C, and the chest of the victim D (n, 24 years of age) under the influence of alcohol was cut off from the victim’s bar and her inner part, and then inserting the Defendant’s sexual organ into the victim’s sexual organ. In short, the Defendant continued to refuse to do so, the Defendant was sexually ill by inserting the Defendant’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence No. 7), investigation report (Evidence List No. 16);

1. Article 297 of the Criminal Act applicable to the crimes;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restrictions Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities is difficult to readily conclude that the Defendant has no record of criminal punishment prior to committing a sex crime, as well as imprisonment with prison labor, registration and treatment of personal information of the Defendant.