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 this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the academic motive of the university, such as the victim B(n, 20 years of age).

The Defendant stated in the indictment around October 27, 2019 that “the period of crime can be sufficiently specified around the time of the new wall on October 27, 2019, since around 12:00 on October 26, 2019 to October 27, 2019.” However, according to the Defendant’s statement, etc., the period of crime can be sufficiently specified around the time of the new wall. Accordingly, the Defendant’s amendment is to be made as above.

At the home of the victim in Gyeyang-gu, Incheon, the victim c and heading, while drinking alcohol together with the victim, was off from the clothes of the victim locked and panty, and added his or her panty to the sound of the victim.

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

Summary of Evidence

1. Application of each written statement by the police concerning the defendant's legal statement B, each prescription, a receipt of outpatient medical expenses, a home room, each diagnosis, a psychological assessment report, a crime damage assessment report to the Kakaox, a victim victim part of the victim, and an on-site photograph Act and subordinate statutes, respectively;

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. 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).