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

The defendant shall be ordered to complete the sexual assault program for 40 hours.

Punishment of the crime

On June 29, 2019, at around 19:30 on June 29, 2019, the Defendant drinks alcohol by having a meeting of friendship with six males, three females, and three males at a game meeting of "C" from the Bana-gu in time of large-scale war with two years ago.

At around 04:50 on June 30, 2019, the Defendant: (a) under the influence of alcoholed victim D (the 20-year-old age), she shamped in the cryp of the victim’s clothes in the cryp to the cryp of the cryp in the cryp of the cryp; (b) she dumped the finger with the victim’s clothes; and (c) she collected the fingers from the part of the victim’s drinking.

Accordingly, the defendant committed an act of inserting the injured party's fingers, etc. in the sexual condition of the injured party by taking advantage of the injured party's mental condition.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the photographic Acts and subordinate statutes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 (Law No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, 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 Defendant has no record of criminal punishment so far, and the background, method and form of the instant crime, etc., the Defendant’s punishment, registration of personal information, and completion of sexual assault treatment program alone seems to have an effect to prevent recidivism to a certain extent.

In addition, the age, occupation, environment, family relationship, social relationship of the defendant, the details, means, and result of the crime of this case, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order.