A defendant shall be punished by imprisonment for two years.

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

Criminal facts

On February 21, 2018, around 07:00, at the house of the victim D (names, 8, 21 years old) located in the Si building 401 in the Geum-gu Busan Metropolitan City, the Defendant left the panty of the above victim E, a female-gu female-friendly group of the defendant, who was a female-child group of the defendant, who was under drinking together with the preceding day after drinking, and entered the victim as soon as possible, and 2 to 3 times the left hand of the victim.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E and D;

1. Each investigation report (No. 1, 6, and 7 once a year);

1. Application of Acts and subordinate statutes to a request for appraisal or a response to appraisal;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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 a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and social ties, records of the crime, the details and motive of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the order to disclose or notify information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc. shall be comprehensively taken into account;

Since it is judged that the defendant does not issue an order of disclosure or notification to the defendant.

1. Where a conviction becomes final and conclusive for a crime that is a sex offense subject to the registration of personal information under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.