A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a relative who was attending a high school such as the victim B (the age of 18 at that time).

On August 5, 2016, at the defendant's house located in Ansan-gu C apartment D around 16:00, the defendant divided three soldiers into the defendant's house located in Ansan-gu C apartment D with the victim, and breathly, the victim under the influence of alcohol enters the room and was able to have sexual intercourse with the victim's will and panty, and went off by hand, and inserted the defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by taking advantage of the victim's mental disorder or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to recording records, victim-only photographs;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, the selection of a limited term of imprisonment, and the selection of a punishment for a 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 (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. An order for disclosure and notification, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); 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 the Act on Welfare of Persons with Disabilities; and the Defendant, other than the instant case, has no record of punishment for sexual assault or recidivism.