A defendant shall be punished by imprisonment for two years.

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

On November 23, 2019, around 22:40, the Defendant: (a) laid off panty and panty panty of the victim C (the 24 years of age) who was divingd under the influence of alcohol at a hotel in Daegu-gu B hotel; and (b) inserted the Defendant’s finger and panty into the sound part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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. To exempt the public disclosure order, notification order and employment restriction order;

(a) Exemption from an order to disclose or notify: Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) or the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019);

(b) Exemption from an employment restriction order: Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Welfare of Disabled Persons

C. Reasons: (a) The Defendant has no criminal history; (b) the instant crime is not for many unspecified persons; and (c) the Defendant’s age, occupation, family environment, social ties; and other benefits expected by the disclosure order, notification order, and employment restriction order; and (c) the result of comparison and balancing between the disadvantages and expected side effects.