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

The defendant is between the victim B (n, 19 years of age) and his relative.

On February 14, 2020, the Defendant: (a) around 23:33 on February 14, 2020, the victim, while drinking alcohol, was off from the clothes of the victim under the influence of alcohol and inserted the Defendant’s sexual organ into the part of the victim, thereby having sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist.

Summary of Evidence

1. Application of the police's written statement B to the defendant's court statement

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

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 (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. It is determined that there are special circumstances in which the disclosure of personal information should not be disclosed in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, the disclosure notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved, and the effect of protecting the victims of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019)

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(a) the crime of rape (the 13 years of age or older).