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 is a C's relative who lives together with the victim B (n, 25 years of age) and has a mutual understanding with the victim.

On March 20, 2019, at around 05:00, the Defendant drinked alcoholic beverages with the victim, C, etc., along with the victim and C, at the studio of the victim, at the time of drinking water, and the victim first dumpeded on the bed while under the influence of alcohol, and C dumped out and dumped out of the part of the victim, and dumped off and dumped off the victim’s diving and panty.

The act of deduction was committed.

Accordingly, the defendant used the victim's state of non-performance to resist, thereby putting the victim's fingers into the victim's sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to B and C

1. Article 299 of the Criminal Act corresponding to the relevant criminal facts, Article 297-2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Articles 47(1) and 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 Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the accused’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime subject to registration, there are special circumstances in which the accused

1. Grounds for sentencing under 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 the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of punishment by law: Imprisonment with prison labor for a period from two to thirty years;