A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On June 2, 2018, at around 06:19, the Defendant had sexual intercourse with the victim by putting the mentally and prescribed drugs out of the victim’s will and clothes under the influence of alcohol, and inserting the Defendant’s sexual organ into the part of the victim’s drinking room in Daegu-gu Bel, Daegu-gu, and drinking alcohol.

Accordingly, the defendant has sexual intercourse with a child or juvenile by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (including the Nos. 11, 14, and each accompanying material) and investigation report (Evidence List No. 7, and accompanying material);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning 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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 (in light of the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sex offenses that may be achieved therefrom, and the effect of protecting the victims, etc., it is deemed that there are special circumstances in which personal information shall not be disclosed or notified);

1. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act 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. The scope of punishment by law: Imprisonment for two years and six months to fifteen years;

2. In case of prosecution, the defendant.