Defendant

B A person shall be punished by imprisonment for a year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

In addition, the claimant for the observation order for the protection (hereinafter referred to as the "defendant") is pro-Japanese, and the defendants are those who are the male dynamics of the victim C (V, 20 years old), and they became aware of the victim through the above D.

On May 12, 2018, the Defendants, along with D around 23:00, drinked alcohol at the alcohol house in the Daegu-gu E market, Seogu, Daegu-gu E market, and brought D to D as D’s house (the victim is living together) even though D was considered as a locked person at her motherel, and went to D’s house on the 13th day of the same month at around 03:30 of the 13th day of the same month.

After the Defendants and D arrived at the above house, D was under the influence of alcohol and was divingd immediately, and the Defendants and the victims went to the victim by drinking up to 06:00 on the same day, and the victim went to the protection of the victim under the influence of alcohol.

Defendant

B, around 07:00 on May 13, 2018, entered the victim's room and breath off the victim's side while under the influence of alcohol, and she was sexual intercourse by putting the victim's finger into the victim's inner part, making it impossible to resist, and inserting the victim's finger into the victim's negative part, and inserting his sexual organ into the victim's negative part.

As a result, Defendant B had sexual intercourse with a victim who is in an impossible state of resistance due to being under the influence of alcohol.

Summary of Evidence

1. Defendant B’s legal statement

1. The legal statement of the witness C;

1. Statement made by the police with regard to D;

1. A gene assessment report;

1. Application of the Acts and subordinate statutes to report on investigation (report attaching photographs to the scene of the case);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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 for disclosure, notification, and restriction on employment, Article 50(1) proviso, and Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.