A defendant shall be punished by imprisonment for not less than two years and six months.

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(n, 18 years old) are between high school line and domestic temperature.

At around 05:00 on November 23, 2019, the Defendant found drunk while drinking in the Defendant’s residence located in the C building D, the Defendant continued to get the Defendant’s chest by inserting the locked from the bed in the bed, and the victim’s chest into the bed, making the victim’s chest soon, continuously getting the Defendant’s finger, putting the finger into the bed, and inserting the finger into the sound part of the victim’s drinking part.

As a result, 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. A copy of the statement made by the victim;

1. The application of Acts and subordinate statutes in one copy of the investigation report (in response to a statement of genetic assessment of the National Institute of Scientific Investigation), the written request for appraisal of the National Institute of Scientific Investigation, and the written

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, the selection of a limited term of imprisonment, and the selection of a punishment for a crime;

1. 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 for the reason of sentencing);

1. The main sentence of Article 21 (2) 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 (the age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order of the accused, the degree of disadvantage and anticipated side effects of the accused's entry, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., should be comprehensively taken into account;

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from employment restriction orders;