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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 27, 2020, the Defendant, through B, a succeeding officer in the military, performed the alcohol together at the Defendant’s house located in Bupyeong-si E, the first time.

At around 07:00 on January 28, 2020, the Defendant, at the higher room of the above Defendant, had sexual intercourse with the victim, who was under the influence of alcohol, and only within the room, after diving from the visit and cutting off the clothes, and inserting the sexual organ into the part of the victim’s sexual organ, made sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss or resistance impossibility.

Summary of Evidence

1. Each police statement made by the defendant in the court against D or C;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the age, family environment, criminal record, risk of recidivism of the accused recognized in the record, risk of registering personal information of the accused, and taking lectures in treatment of sexual assault can expect the effect of recidivism to a certain extent;

In full view of all the circumstances such as the profits and preventive effects expected by an order of disclosure or notification, disadvantages and side effects of the defendant's personal information, there are special circumstances in which disclosure or notification of the defendant's personal information may not be made.

In conclusion, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) main text and Article 56(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); and Welfare of Persons with Disabilities Act.