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 was traveling along with C, D, and the victim, etc. by male-gu and family-friendly relationship C and family-friendly relationship between the victim B (hereinafter referred to as “victim”).

At around 01:59 on January 12, 2020, the Defendant: (a) was divinged by the Defendant, the victim, and the victim, and D three remaining alcoholic beverages; (b) was under the influence of alcohol first; (c) was under the influence of alcohol; (d) was frightened by the victim’s upper part and the brode; (d) was cut off with the victim’s will and panty; and (e) was inserted into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. The application of Acts and subordinate statutes to departments related to the report of 112 cases to the accused's written statement, reports on investigation (written response and inquiries, attach photographs to the victim's self-injury, attach photographs to the suspect's statement, and attach written consent to the request for appraisal by the suspect and reference witness), reply to the request for appraisal, the contents of the conversation between the victim and the accused with the Kakakaox, and the gene assessment report

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

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. 1662, Nov. 26, 2019); and the Defendant has no record of having been punished for sexual crimes prior to the instant case; the suspension of imprisonment with labor for the Defendant; and the registration of personal information.