A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On March 13, 2018, the Defendant entered the Republic of Korea under the eligibility for visa exemption (B-1) for 90 days of sojourn on March 13, 2018 and has no status of stay in the Republic of Korea.

Around 21:00 on December 28, 2018, the Defendant drinked alcoholic beverages together with the victim C (n, 16 years of age) at a plastic house adjacent to the accommodation located in Jindo-gun, Jindo-gun, Jindo-gun, and had the victim take her part in the accommodation with the victim, who was under the influence of alcohol, and was under the influence of alcohol, exempted the victim from the clothes of the victim, who was unable to resist due to sleep, and was bread with both chests of the victim, and continued to put the victim’s sexual organ into the victim’s sexual organ, and had sexual intercourse once by inserting the Defendant’s sexual organ into the victim’s sexual organ.

As a result, the defendant has sexual intercourse once with the victim, taking advantage of the victim's state of non-fluence.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim, D, and E;

1. A written statement;

1. Stenographic records;

1. Police seizure records;

1. On-site photographs;

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes on the current status of entry and departure of individuals;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the evidence and records legitimately adopted and examined by this court, the Defendant’s ability to communicate through the Korean language recognized by the evidence and records, the details and circumstances of the instant crime, and the preventive effect of a sexual crime that may be achieved by the Defendant’s order to complete the program, it is deemed that there are special circumstances where the Defendant

1. Article 47 (1) and Article 49 (1) of the Act on the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;