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

On December 22, 2019, the Defendant, at around 23:30 on December 22, 2019, entered the victim’s sexual organ into the victim’s entrance who takes the body to the extent that the victim’s sexual organ is not properly accumulated, and sexual intercourse was made by inserting the sexual organ into the part of the victim’s sexual organ expressing his intention of refusal.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of mental or impossible failure.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Stenographic records;

1. Records of seizure and the list of seizure;

1. Each written request for appraisal (No. 14 and 32 No. 14 of the evidence list);

1. Application of statutes on site photographs;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the crime;

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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the following: (a) the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and (b) the Defendant did not have a criminal record of a sexual crime; and (c) the circumstances leading up to the crime, etc., it is difficult to readily conclude that the Defendant has the risk of recidivism; (d) the order to attend a sexual crime against the Defendant and the registration of personal information alone appears to have the effect of preventing recidivism of the Defendant; and (e) the Defendant’s age, character and conduct, methods and consequence of the crime, disclosure order and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry by such order; and (e) the effect of preventing sexual crimes and protecting the victims.