1. The defendant shall be punished by imprisonment for one year;

2. Provided, That 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

On May 6, 2014, from around 22:30 to 05:00 on the following day, the Defendant drinked alcoholic beverages with friendships, including Victim D (F) and 21 years of age, and went to the Defendant as “F” 510 in Ansan-gu, Ansan-si E, the Defendant’s accommodation with the victim.

피고인은 2014. 5. 7. 06:00경 위 숙소에서 잠이 든 피해자의 가슴과 젖꼭지 등을 혀로 핥고, 피해자의 속옷을 벗겨, 양손으로 피해자의 성기를 만지다가 피해자의 항문에 손가락을 집어넣고, 이어서 피해자의 항문에 자신의 성기를 삽입하였다.

Accordingly, the defendant committed similar acts to the victim by using the victim's non-performance state.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Requests for appraisal; and

4. Application of each statute of photography;

1. Relevant Article of the Criminal Act and Articles 299 and 297-2 of the Criminal Act concerning the selection of criminal facts;

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

3. Article 62 (1) of the Criminal Act;

4. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to attend a lecture or Order to complete a program (where this judgment becomes final and conclusive, it is deemed that there are special circumstances in which the accused is unable to impose an order to attend a lecture or order to complete a program, in light of the fact that the accused promptly

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the fact that the Defendant appears to have committed the instant crime with impulsely under the influence of drinking, the fact that the Defendant had agreed with the victim after the death of the victim, the fact that the latter is in a position where he/she must immediately return to the country when the judgment becomes final and conclusive, and other records such as the background of the instant crime, the Defendant’s age, occupation, and family relationship.