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 three years from the date this judgment becomes final and conclusive.

Criminal facts

On December 23, 2018, around 02:30, the Defendant, at the time of Seo-gu Daejeon, Seo-gu building B, and at the 21st room of “C” located on the third floor, performed alcohol like the Defendant D (n, 21 years of age).

The defendant, who had a common sense of view, comes to be cut in the victim's room and the victim was under the influence of alcohol, was able to put his finger into the inner part where the victim was suffering, and was able to talk with his fingers into the panty in which the victim was suffering, and knife the fingers into the part where the victim suffered.

Accordingly, the defendant committed an act of inserting the fingers in the victim's sexual intercourse by taking advantage of the victim's mental or physical condition of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of the content of conversation between the defendant and the victim and the statutes governing field photographs;

1. Articles 299 and 297-2 of the Criminal Act applicable to the relevant 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 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;

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 Act on the Protection of Children and Juveniles against Sexual Abuse; the registration of personal information of the Defendant against the Defendant; and participation in sexual assault treatment alone appears to have an effect to prevent recidivism by the Defendant; the Defendant’s age, occupation, family relationship, social relationship; the details and circumstances of the instant crime; other benefits expected by the disclosure or notification order; and the anticipated disadvantages and anticipated side effects; etc., the Defendant’s personal information shall not be disclosed or notified.