A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 2, 2018, at around 19:00 on September 2, 2018, the Defendant, along with the victim E (the victim E, 32 years of age), D, etc., who is the spouse of D’s in the family of E-gu, Chang-gun B apartment C, Chungcheongnam-gun, and the same day at around 23:00 on the same day, the victim was inside the house, and D, from the ward softened, the Defendant was locked with the door door of the house.

Around 01:45 on September 23, 2018, the Defendant shouldered at the above place, and went off the panty of the victim, and panty of the victim, left the panty of the victim, left the panty of the victim, left the panty of the victim, and spanty of the victim, followed the Defendant’s sexual organ into the part of the victim’s sound, and spanched the Defendant’s sexual organ once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, D, and G;

1. Application of Acts and subordinate statutes of E;

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [In full view of the motive and background of the crime in this case, the defendant's age, character and conduct, family relation, criminal record (no criminal record of the same kind of crime), etc., the prevention of recidivism of sexual crimes against the defendant appears to have an effect only on the defendant's sentence against the defendant, sexual assault treatment program completion order, employment restriction order, and registration of personal information, there is a special reason for