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

1. On October 19, 2014, at around 03:00 on October 19, 2014, the Defendant: (a) discovered that the victim E (the age of 21) who lives in the Defendant’s house located above the Defendant’s house located in Busan Seo-gu Domando 404, was able to find out that the victim E (the age of 21) was able to sit and locked from the stairs under the influence of alcohol, and that the victim “I want to sit in the house”; and (b) caused the victim’s chest by inserting both grandchildren into the victim’s winter.

The defendant was able to commit an indecent act against the victim by taking advantage of the victim's ability to resist, and went into his own house.

Accordingly, the defendant kidnapped the victim for the purpose of committing indecent acts.

2. At the date and time set forth in the preceding paragraph, quasi-Rape: (a) the Defendant exceeded all clothes of the victim under the influence of alcohol at the Defendant’s home; (b) taken care of the chest by hand; (c) taken care of the chest by hand; (d) taken care of the victim’s body at the entrance of the victim’s sexual organ; and (e) took the victim’s fingers into the victim’s sexual organ at the entrance of the victim’s body; and (e) repeated the Defendant’s act

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 of the police statement of E;

1. Application of Acts and subordinate statutes to response to requests for appraisal;

1. Relevant Articles 288 (1) and 299 and 297-2 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;