A defendant shall be punished by imprisonment for three 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

The defendant and the victim B(n, s, 16 years of age) are high school post-age relationships.

On November 14, 2019, from around 00:20 to 02:00 on the same day, the Defendant drinked alcoholic beverages at the mutual influence house located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and had sexual intercourse once by inserting the Defendant’s sexual organ by inserting the Defendant’s sexual organ into the part of the victim’s drinking room, i.e., the victim was forced to lose his mind under the influence of alcohol at the time of the same day 03:10 on the same day.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Reports on internal investigation (where such reports are filed by a victim - the guardian of the victim);

1. Records of seizure and the list of seizure;

1. The written request for appraisal, the written report on blood alcohol level, the written request for appraisal, and the written request for appraisal;

1. Each medical report;

1. Medical records for victims of sexual assault;

1. On-site photographs (the location of occurrence and the closure of CCTV images);

1. The application of Acts and subordinate statutes as a result of reproduction and viewing of CCTV video storage CDs (Evidence No. 13);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, the selection of a limited term of imprisonment, and the selection of a punishment for a crime;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The age, occupation, risk of recidivism of the accused under 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, and the type, motive, process, etc. of the instant crime;