Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

The defendant is the operator of Daegu Middle-gu Belel.

On March 3, 2020, at around 05:02, the Defendant entered the passenger room in the Moel C operated by the Defendant to check the heating apparatus, and found that the victim D (n, 20 years of age) who was administered in the above guest room was divingd from the bed to the bed with body, and collected the victim's fingers by inserting the victim's fingers, and met the victim's sexual organ by taking the victim's hand.

Accordingly, the Defendant committed similar rape to the victim who was unable to resist due to sleep.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statements of D, on-site photographs and CCTV-related Acts and subordinate statutes;

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 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the personal information registration and attending lectures to a certain extent that the effect of preventing re-offending can be achieved; and the Defendant’s age, occupation, home environment, social relationship, disclosure or instruction order may not disclose or notify personal information, comprehensively taking into account the degree of disadvantage and anticipated side effects of the Defendant’s injury due to such order; and the preventive effects of sexual crimes that may be achieved therefrom);

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), Article 2 of the former Child and Juveniles against Sexual Abuse.