A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around January 28, 2019, the Defendant became aware of the victim C (the name, leisure, 33 years of age) through B, which is a ship of a towing workplace.

On January 29, 2019, at around 05:00, the Defendant entered the entrance password of the entrance known in advance at the residence of B located in Busan Jung-gu, Busan, into the residence, and then came up on the bed, and then the victim's side, who is coming up above the bed of the bed of the bed, sits back on the part of the victim's bridge, kids over the part of the bed, kids over the part of the victim's bridge, and kid up the finger into the part of the victim's sound.

Accordingly, the Defendant committed an act of containing part of the body such as fingers, etc. in the victim’s sexual intercourse by taking advantage of the victim’s state to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B and C (tentative name);

1. Application of Acts and subordinate statutes of each investigation report (No. 5,6,7)

1. Relevant Articles 299 and 297-2 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. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reason for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose information and notification, an order to exempt employment restriction from an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the fact that there is no history of punishment for sex offense against the accused, the Defendant’s age and family relationship, the process and method of the instant crime, the circumstances after the instant crime, the order to disclose information, and the order to disclose.