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

At around 05:00 on January 17, 2016, the Defendant: (a) had a view to having sexual intercourse with the victim C (one year old, Da, 19 years of age) by using the state in which the victim C (one year of age, D, Do, 19 years of age) cannot resist by drinking; (b) had the victim’s clothes 207 with the Fmotour in Daegu-gu E; (c) had the victim exempted from the victim’s clothes; and (d) had sexual intercourse once with the victim by inserting his sexual organ into the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. A report on investigation (the sequence 7 in list of evidence);

1. Application of the statutes on response to requests for appraisal;

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 ( repeatedly considering the favorable circumstances);

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

1. In light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; (b) 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 has no record of being punished for a sex offense; (c) the details of the crime committed in the records of this case; (d) the victim’s relationship; (d) the Defendant’s age, character and conduct, family environment, social relationship; and (e) it is difficult to readily conclude that the Defendant has the recidivism or recidivism risk of a sexual crime; and (e) the disclosure and notification of the Defendant’s personal information should not be disclosed or notified in full view of the social benefits expected by the disclosure order and notification order; and (e) the disadvantage and anticipated side effects of the Defendant resulting therefrom, the Defendant becomes a person subject to registration of personal information under Article 42(1)