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

Punishment of the crime

At around 17:00 on July 29, 2019, the Defendant, along with the Victim C (Y, 26 years of age), who is a private village of the Defendant’s wife B and B, her wife B and B, she sleeped at a non-cafeteria of the trade name located in Daegu, while drinking alcohol together with the Defendant, and drinking alcohol, at around 01:0 on July 30, 2019, the Defendant returned to Korea under the Daegu Western-gu D apartment E, Daegu-gu, Seoul, and the victim sleeped in the inside, such as B, and the Defendant sleeped in the small room.

At around 01:00 on the same day, the Defendant: (a) taken a breath with the view to having the victim do similar rape by taking advantage of the victim’s state of inability to resist; (b) taken the victim under the influence of alcohol into his/her inner room, taken off the victim under the influence of alcohol into his/her ward, taken off the victim’s boom and panty, and added the victim’s finger off, and inserted the victim’s finger into the victim’s negative part.

Accordingly, the defendant committed an act of putting the defendant's fingers in the victim's sexual intercourse by taking advantage of the victim's breath ability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes of the investigative report (No. 34)

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. An order to disclose, disclose, or disclose an employment restriction order: Exemption from, an order to disclose, or exempt from, a disclosure order: Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); and Article 50(1) proviso to the Act on the Protection of Children