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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, while getting on the way, asked and accessed the way to the victim B (the 20-year-old age), followed “I would drink the same drinking time as the other person would drink.” While drinking alcohol together with the victim, the Defendant got the victim under the influence of alcohol.”

On October 8, 2019, around 02:25, the Defendant exceeded the clothes of the victim, who did not have awareness of drinking, at Bupyeong-gu Incheon, Bupyeong-gu CD, Incheon, and made dancing fit for the victim, and inserted the fingers in the negative part of the victim.

In this respect, the defendant committed an act of inserting the finger in the victim's sexual intercourse by taking advantage of the victim's mental disorder or non-fluence condition.

Summary of Evidence

1. Each investigation report by the police on the defendant's legal statement B (the confirmation of the victim's identity, hearing of the victim's statement) on each investigation report (the victim's identity, hearing of the victim's statement) on the defendant's legal statement B, appraisal report on internal investigation (the occurrence of a suspected victim's specific act of rape), detailed statement of each gene appraisal document issued with a copy of the medical record of each gene appraisal document, payment receipt of telecom, Kakao Kakao Stockholm conversation between the victim and the victim, details of the victim's contact with the victim

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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 a notification order; Act on the Protection of Children and Juveniles against Sexual Abuse; and Act No. 1501, Nov. 26, 2019.