A defendant shall be punished by imprisonment for two years.

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

The defendant is a member registered with the above Center from September 2019, and the victim was registered with the Center from around six years to around six years before the Center.

Around 05:00 on January 2, 2020, the Defendant: (a) at the victim’s home located in the Yadong-gu, Ansan-si; (b) from the end of the preceding night, the victim was drunkly drunk with the victim while drinking together with the victim; (c) she was off the victim’s clothes; (d) she took the victim’s clothes at his/her inside and outside, she took the victim’s inner part; and (d) inserted the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes to C of each investigation report (in relation to the attachment of text messages sent and received by the complainant and the suspect, related to response to the request of the National Institute of Scientific Investigation by the National Institute of Scientific and Investigative Research, related to response to legal sentiments by the National Institute of Scientific and Investigative Research, related to response to the suspect's genetic emotions, related to the request for appraisal by the suspect's genetic emotions), text messages received by the

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

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. The main sentence of Article 62(1) of the Criminal Act on the Punishment, etc. of Sexual Crimes under Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act on the Protection of Sexual Crimes (Amended by Act No. 16622, Nov. 26, 2019); it is difficult to readily conclude that the Defendant has