A defendant shall be punished by imprisonment for two years.

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

On July 22, 2019, at around 04:25, the Defendant, at around 04:25, up to 10, the victim D (one’s name, two-three years of age) who is an unbrupted passenger at the “C” singing line No. 10, located in Jeju-si B, was drunk, exceeded the victim’s subordinate and inner clothes, and inserted the victim’s sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. E statements;

1. Other relevant photographs;

1. Application of Acts and subordinate statutes to genetic testing certificates and legal chemical appraisal certificates;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; 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; Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act; and it is difficult to readily conclude that a defendant was punished as a sexual crime and thus, there is a risk of recidivism or re-offending; the registration of personal information of the defendant and the order to attend school alone appears to have the effect of preventing re-offending; and the defendant’s age, family environment.