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

The defendant is a victim B (a family name, a female, 21 years of age)'s working holiday.

On April 24, 2020, the Defendant, at the main point located in the Namdong-gu Incheon Metropolitan City on April 24, 2020, posted the Defendant’s sexual organ into the part of the victim’s sound, putting the victim’s chest into the victim’s chest and brogate, who was under the influence of alcohol, when the victim was drunk to the drunk and the victim’s room in Namdong-gu Incheon Metropolitan City on April 25, 2020.

Accordingly, the Defendant had sexual intercourse with the victim who was under the influence of alcohol and was unable to resist.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement of the defendant with respect to the defendant's legal statement B (tentative name), the request of the police for an appraisal, the gene appraisal statement, the investigation report (No. 23 in order), the victim and the suspect's telephone call details, the contents of the victim and the suspect's Kakaok message, and the photograph of the receipt of the telecom accommodation payment, which was settled by the suspect's card;

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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 or notify information, 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. 16622, Nov. 26, 2019).