A defendant shall be punished by imprisonment for one year.

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

피고인은 2017. 5. 1. 02:30 경 평택시 D 원룸 204호에 있는 피해자 E( 여, 22세) 의 집에서 피고인, 피고인의 여자친구 F, 피해자와 함께 술을 마시다 피해자가 먼저 침대 위에서 잠이 들고, 뒤이어 F도 바닥에서 잠이 들 자 같은 날 05:00 ~06 :00 경 피해자가 자고 있는 침대에 걸터앉아 속옷을 입지 않고 반바지를 입고 있는 피해자의 바지 사이로 손을 넣어 피해자의 음부를 만지다 피해자의 성기에 손가락을 집어넣고, 계속하여 피해자의 음부를 입으로 핥았다.

As a result, the Defendant used the victim's mental or physical loss or the state of impossibility of resistance to commit similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 fact that the defendant is not an unspecified majority of the crimes, the defendant has no record of being punished for the same sexual crime, the fact that the defendant has no record of being punished for the same sexual crime, and the defendant has the effect of preventing recidivism to a certain extent through registering personal information of the defendant and taking lectures for sexual

In light of all the circumstances, such as the defendant's age, sex, family environment, and social relationship, the disclosure notification order is compared to the disadvantage and anticipated side effects that the defendant may suffer, and the prevention effects of sexual crimes that can be achieved by such order are likely to be relatively less, etc., the special circumstances that may not disclose and notify the personal information of the defendant.