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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 02:30 on March 25, 2020, the Defendant, at the house of the victim C (nive, 32 years of age) located in Seo-gu Daejeon, Seo-gu, Daejeon, after drinking alcohol with the victim, frightened by the victim with his mind and body, walking the panty of the victim with his panty, and spanching the panty into the part of the victim.

Accordingly, the defendant has been raped by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Application of the police written statement prepared by the defendant C in his/her legal statement, report on occurrence of the case, stenographic records, meetings of appraisal request, gene appraisal statement, drug toxic appraisal statement, legal chemical appraisal statement, investigation report (victim telephone communications), and the Acts and subordinate statutes governing victim statement recorded CDs;

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

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

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

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;

1. An order to disclose information, an order to notify, and an order to restrict employment on a sexual crime, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1666662) requires caution;