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

Punishment of the crime

The Defendant had introduced the Defendant;

B’s contact, and around December 21, 2019, around 23:30 on December 21, 2019, the “D” house located in Yansan-si C, Yansan-si, and the said “D” house became the first victim E (a family name, leisure, 28 years of age) of the victim E (a family name, 28 years of age).

Defendant her drinking alcohol together with F, who is the victim, B, and the Defendant’s deadly village in the foregoing drinking house, and read to the effect that, around December 22, 2019, 01:30, the foregoing, “I am in our house” to the above person under the influence of alcohol, and went back to the Defendant’s house located in Y and G in the Jeonsan-gu G and H.

On December 22, 2019, the Defendant, at around 03:00 on December 22, 2019, had sexual intercourse by inserting the Defendant’s sexual organ into the sexual organ inserted in the victim’s chest and the flusium, under the influence of alcohol in the ward of the above Defendant’s house.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint filed by the police with respect to E, B, and F;

1. Application of Acts and subordinate statutes to medical treatment reports, victims of sexual assault, and criminal investigation reports (Evidence List No. 9) on each gene appraisal report;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; Article 49(1) proviso and Article 50(1) proviso of the former Act on the Protection of Juveniles from Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Juveniles from Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the former Act on the Protection of Children from Sexual Abuse (Amended by Act No. 16622, Jun. 2, 2020)