A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim B (the age of 21) are between middle school and middle school.

On August 23, 2019, the Defendant, from around 03:00 on August 23, 2019, divided the victim into three soldiers in the “Dju” located in Mapo-si, Mapo-si, and came to go together with a charnel house of the friendly group, which died of the victim, and put the victim’s clothes into the victim’s residence in Ma in order to have the victim’s clothes installed.

At around 07:00 on the same day, the Defendant: (a) made the victim called “satisfy after five minutes” at the victim’s residence, and broken the victim for about five minutes after diving, but the victim was unable to drive the mind in a state where he was under the influence of alcohol, and had sexual intercourse by inserting his sexual organ into the victim’s negative organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement concerning B;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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 repeated in favor of 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 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; the Defendant is expected to have no history of sex offense; the registration of personal information of the Defendant against the Defendant; and orders to complete sexual assault treatment programs, which are anticipated to have an effect of preventing re-offending; the Defendant’s age, character and behavior, environment, motive, means, and consequence of the crime; the circumstances after the crime;