A defendant shall be punished by imprisonment for not less than one year 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 is a person who was a male-child with the victim B before the victim B.

On January 19, 2019, the Defendant: (a) around 22:00, the Defendant: (b) at one “D Kinging practice room” located in Kussi-si C; (c) under the influence of alcohol, the victim transferred the locked victim from the floor to a sofa; (d) was off the victim’s clothes locked while drinking; and (e) inserted the Defendant into the sound part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to each investigation report (to attach CCTV images in the future, to attach a recording file on a conversation submitted by the victim, and to the results of a reply to the request for appraisal), and to the table of requests for appraisal;

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

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. In light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Children and Juveniles against Sexual Abuse, there are other special circumstances in which the disclosure or notification of personal information may not be disclosed in light of the following: (a) the suspension of the execution of imprisonment with prison labor, the order to attend a lecture, and the registration of personal information against the defendant can prevent recidivism; (b) the degree of disadvantage and anticipated side effects of the defendant's injury caused by such disclosure