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

Punishment of the crime

On December 7, 2018, the Defendant her drinking alcohol together with “F” located in E in the City of Heathing where the Defendant her drinking alcohol together with the victim D (one’s name, two-eight years of age) at Siath of Siathy on December 7, 2018.

On December 8, 2018, at around 02:15, the Defendant: (a) reported the victim’s appearance that he was drunk and was seated without the body, and (b) moved the victim to Gel H by putting the victim into the head of a motor vehicle on the number plate.

At around 02:40 on December 8, 2018, the Defendant: (a) taken the victim’s mind to have sexual intercourse with the drunk victim under the said Gel H; (b) taken the victim from a bed; and (c) exempted the victim’s clothes from the victim’s body; and (d) inserted the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to each gene appraisal statement;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); 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 notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act; and Article 50(1) proviso appears to have no record of being punished for sexual crimes; personal information registration alone appears to have an effect to prevent recidivism by a defendant; and the age, occupation, family, environment