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 came to contact with the victim C through the online game called “B” (hereinafter “victim”). On September 2, 2019, the Defendant saw the victim’s drinking around September 2, 201, while returning home with the victim around the new wall on September 3, 2019, he saw the victim’s drinking, she saw the victim’s drinking, and she saw the victim’s drinking at the seat of the victim.

피고인은 2019. 9. 3. 06:00경 인천 미추홀구 D에 있는 피해자의 주거지에서, 피해자가 키우는 고양이와 놀던 중 술에 만취한 피해자가 침대에 누워 잠을 자는 모습을 보고 피해자가 잠을 자는 것을 이용하여 간음하기로 마음먹고 피해자의 옷을 모두 벗기고 입으로 피해자의 가슴 부위를 수회 빤 후 성기를 피해자의 음부에 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Application of the Acts and subordinate statutes of a response to requests for appraisal by the police police report on the criminal defendant's legal statement C, investigation report (to hear the victim's telephone recording 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. 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. 1662, Nov. 26, 2019); the Defendant has no record of being punished for sexual crimes prior to the instant crime; the Defendant is also the Defendant’s order to attend the sexual assault therapy, order to restrict employment, and registration of personal information.