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

On March 5, 2020, at around 00:10 on March 5, 2020, the Defendant flown alcohol in front of Sungnam-gu, Sungnam-si B, and found the victim C (the 19-year old) and saved the victim, thereby moving the victim into D'E heading of Sungnam-gu, Sungnam-gu.

계속해서 피고인은 피해자를 그곳 침대에 눕힌 다음 만취상태로 잠든 피해자의 점퍼와 바지를 벗기고, 브래지어와 팬티를 벗긴 다음 피해자에게 키스를 하고, 피해자의 목과 귀를 핥고, 가슴을 입으로 빨고, 피해자의 음부에 손가락을 넣었다

In other words, it has repeatedly repeated the act of cutting off.

Accordingly, the Defendant committed an act of inserting 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. Application of Acts and subordinate statutes to the police's protocol of statement C to the defendant's legal statement, gene appraisal of the police's statement, to report the withdrawal of CCTV receipts and CCTV photographs (Din CCTV in the location of occurrence), and to the investigation report (to hear the F phone statement of a witness);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. An order of disclosure and notification, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; and Article 59-3(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse.