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 owner of the “C” main shop in Ansan-si, Asan-si, and the victim D (the age of 21) is the flick of the said main shop.

On November 12, 2019, between 11:00 and 14:00, the Defendant discovered that the victim was locked under the influence of alcohol, found that the victim was locked, put the victim’s breasts into the brogate, brupted the victim’s fingers, putting the hand into the panty line, putting the Defendant’s fingers into the part of the victim’s fingers, and brush the victim’s fingers with the influence of alcohol.

Accordingly, the defendant committed similar rape by taking advantage of the victim's non-performance state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs, text messages, and replys to requests for appraisal of crimes;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. 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. Comprehensively taking account of the following: (a) the Defendant did not have any record of punishment for a sexual crime before and on the grounds that it is difficult to readily conclude that there is a risk of sexual assault or recidivism; (b) the obligation of the Defendant to register personal information and take taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking taking part in the treatment of sexual assault for the prevention of recidivism; and (c) the effect of preventing sexual crimes that may be achieved by an order of disclosure or taking taking taking part in the treatment of sexual assault, compared to the disadvantages and anticipated side effects that the Defendant may sustain due to the order of disclosure or taking part in the treatment of sexual assault.