A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the husband of the victim B (here, 38 years of age) and the father of the victim.

At around 01:30 on September 1, 2019, the Defendant, in the Defendant’s residence located in the G Apartment apartment of the Government-si, had the victim and the husband of the victim together with her husband, and had the victim under the influence of alcohol in the living room, reported that the victim was under the influence of alcohol in the living room, followed by the victim’s panty and panty, followed by his hand, her son and her son’s son and her son’s son and her son’s son, and

Accordingly, the Defendant, who was under the influence of alcohol, committed quasi-Rape with the victim using the state of mental disorder of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol protocol law to B

1. Relevant Articles 299 and 297-2 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. 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 or notify, and 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;

1. Grounds for sentencing under the proviso to 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, 2018), the proviso to Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the decision of types] general criteria for rape (the person under 13 years of age or older) [the person under 1] general rape (the person under 13 years of age or older): the mitigated scope of punishment [the scope of recommendations and recommendations], 1 to 2 years of imprisonment (the sex similar rape shall be included in the category 1, but the upper and lower limits of the sentencing range shall be mitigated to 2/3).