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

On January 1, 2019, at around 07:20, the Defendant was an employee of Gyeyang-gu Incheon Gyeyang Youth. The Defendant came to fall under the Gyeyang-gu Incheon Gyeyang-gu Bel, Incheon. Around January 1, 2019, the Defendant returned to the said heading room with the victim D (the name of the victim, the 18-year-old age), who was under the influence of alcohol, married the victim into the said heading room, who was locked by the victim, had the victim locked, brought the victim in mind to prevent sexual crimes, and invaded the victim’s room.

The Defendant continued to sleepd the victim with clothes her bed from his bed at the bed, and her chest was sent back to several times by the victim's hand, and her finger was put into the victim's panty, and then her finger was put into the part of the victim's panty, and her finger was moved back to the lower part.

Accordingly, the defendant invadedd the victim's room, and committed similar rape in which part of the body was placed, such as fingers, in the victim's sexual intercourse, by taking advantage of the victim's mental disorder or non-fluence condition.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to a report on internal investigation (verification of CCTV images in a telecom) and to a CCTV-cape photograph attached thereto (Evidence records of not more than 45 pages);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 297-2 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2019); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.