A defendant shall be punished by imprisonment for one year.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

around 03:00 on August 26, 2018, the Defendant, at the “C” telecom located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, sent off the victim D (one’s name, half, 25 years old) who was under the influence of alcohol to the end of the end, and put his finger into the part of the victim’s drinking.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. E statements;

1. Application of text messages to Acts and subordinate statutes;

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

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service or attend lectures;

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Amended by Act No. 15452, Dec. 11, 2018); Article 59-3(1) of the Welfare of Disabled Persons Act

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, 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 (no criminal record exists against the defendant). In light of the content of the crime in this case, it is difficult to view that the defendant is highly likely to prevent sex crimes in the future. It appears that the defendant can have an effect of preventing recidivism through the registration of personal information against the defendant, the attending order, the community service order, and the employment restriction order. In addition, considering the defendant's age, family environment, social relationship, anticipated side effects, disclosure and notification order, the effect of preventing sexual crimes that the defendant suffers, which can achieve, and the victim protection, the reason for sentencing established by the Sentencing Committee.