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 and the victim B (the family name, the female, the age of 26) were first string in a club, with a view to leaving in a telecom, and to administering it together with a neighboring telecom.

On February 10, 2019, at around 07:30, the Defendant exceeded the panty of the victim's body, who had been under influence of alcohol within the Busanjin-gu Curmo Lake D, Busan, and inserted his finger into the part of the victim's sound.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance of defense.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An appraisal report;

1. On-site photographs, suspect's body and suspended photographs;

1. 112 reported details;

1. Application of Acts and subordinate statutes on investigation reports (suspects DNA conformity);

1. Relevant Articles 299 and 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 (The following consideration shall be made again for the reason of sentencing);

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

1. Articles 47(1) and 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 Defendant’s age, character, family environment, social relative relationship, record of crime and risk of recidivism, details and motive of crime, method and result of crime, degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify information, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the preventive effect of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall be determined that there are special circumstances in which personal information shall not be disclosed or notified

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;