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 initially provided the victim C (hereinafter referred to as “victim”) with meals at the PC room with the Defendant’s friendship B, and provided the Defendant with drinking alcohol at the PC.

On July 1, 2020, at around 05:45, the Defendant, after drinking alcohol in the Namdong-gu Incheon Metropolitan City Del Ecom, added the fingers into the victim's panty line by inserting the hand into the victim's panty line, and then inserting the hand into the victim's panty line.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of the C’s voluntary report, investigation report, each investigation report (the investigation of CCTV CCTV verification, the submission of victim data), the message sent and received between a suspect and a victim, notification to the 112 Reporting-Related Department, notification to the 112 Reporting-Related Department, sexual assault victim consent, photograph of the DNA CCTV-cape, the photograph of the suspect and the victim sent to and received by the suspect;

1. Relevant Article 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) 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 disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that the Defendant has no record of being punished for sexual crimes prior to the instant crime; suspension of the execution of imprisonment with labor for the Defendant; taking lectures in community service and sexual violence therapy; restrictions on employment; and registration of personal information alone appears to have the effect of preventing