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

At around 05:20 on May 11, 2017, the Defendant: (a) was a person who was a soldier of the Army B; (b) was drunkd on the front of the D road located in the Daesung-gu U.S. E (the age of 22) with the taxi; (c) discovered the mold distance; and (d) accessed the victim.

At around 05:50 on the same day, the Defendant, under the influence of alcohol, felged a victim who is unable to hold his body, her fingers by inserting his fingers into the brode of the victim's brode, which was furged by drinking, and continued to have his fingers by inserting his hand into the panty, and continued to have his fingers and panty thereof cut off, and then put the Defendant's fingers into the sound part of the victim.

Accordingly, the defendant included part of the body, such as fingers, in the victim's sexual intercourse by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of E;

1. Report on internal investigation (explosion and CCTV verification around the place of occurrence), report on internal investigation (explosion and CCTV verification of the place of occurrence), investigation report (explosion of CCTV against a suspect);

1. Application of the CD-related Acts and subordinate statutes that contain each CCTV photograph, crime place photograph, and CCTV image;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;