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 June 23, 2014, the Defendant drinked alcoholic beverages together with the Defendant’s friendship and the victim C (n, 17 years of age) and the victim’s friendships, etc. around the same day, and around 08:00 of the same day, the Defendant was accommodated together in the Daejeon Jung-gu’s “Eel” located in Daejeon-gu, Daejeon, 08:00, reported that the victim was under the influence of alcohol and included the victim’s fingers in the part of the sound of the victim.

As a result, the Defendant committed an act of inserting part of the body, such as fingers, in the victim’s sexual intercourse by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

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. Article 62-2 (1) of the Criminal Act regarding community service order;

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

1. In full view of the following facts: (a) the Defendant who registered personal information appears to be subject to registration of personal information in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) 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 (the degree and expected side effects of the Defendant’s entry due to disclosure order or notification order; and (c) the effect of preventing recidivism through the registration of the Defendant’s personal information against the Defendant is expected to be certain extent; and (d) the Defendant is found to be subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus,