A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is between the restaurant operated by the victim B (title) in the past and the restaurant as a customer.

피고인은 2019. 4. 20. 03:00경 피해자가 운영하는 대구 서구 통학로에 있는 식당에 술에 취하여 들어가 피해자에게 주먹을 휘두르고 피해자가 “술을 팔지 않는다. 실수하지 마시고 그냥 가시라.”고 말하자 피해자를 양손으로 밀어 소파에 넘어뜨린 후, 한 손으로는 피해자의 손목을 잡아 반항을 억압하고 나머지 한 손으로는 피해자의 치마 속 팬티 안으로 손을 넣어 항문에 손가락을 넣고 수회 쑤셨다.

Accordingly, the defendant included his fingers in the victim's resistance, thereby committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of an electronic appraisal report);

1. Relevant Article 297-2 of the Criminal Act concerning 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. Article 62 (1) of the Criminal Act;

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 order to disclose or notify information, 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 repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).