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

The defendant and the victim B (the family name, the female, the age of 20) are friendly.

around 21:00 on January 31, 2019, the Defendant, along with the victim and C, had a victim who drinking and drinking alcohol at the “Dju store” as a residence of the Defendant on the third floor E in Bupyeong-si.

On February 1, 2019, the Defendant, while under the influence of alcohol around 01:30 on February 1, 2019, carried the victim’s chest in the side of the victim, who was unable to resist due to sleeping, and her panty and panty to bucks, and inserted the finger into the part of the victim’s drinking.

Accordingly, the Defendant used the victim's state of non-fluorance to resist, thereby committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B Written complaint;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by victims) and recorded CDs;

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order or 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 (in full view of the Defendant’s age, environment, criminal record, risk of recidivism, and other benefits and preventive effects expected from the disclosure order or notification order of this case; and the disadvantages and side effects therefrom, there are special circumstances in which the disclosure of Defendant’s personal information may not be disclosed or notified);

1. Grounds for sentencing under the main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the general criteria for sex crimes.