A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant, as a male-parent body of the Victim B (Y, 22 years old), was a male-parent body of the Victim B (S) on October 12, 2019, the Defendant returned to the house of the above Category C located in the D Building E of the Gongju-si, Gongju-si, after drinking alcohol with the victim, the victim and the above C, etc. on October 12, 2019.

At around 23:00 on October 12, 2019, the Defendant: (a) entered the victim’s panty panty with his panty, who is under the influence of alcohol from his own side in the living room above C’s residence; and (b) entered the victim’s panty into the sound part.

In this respect, the Defendant committed an act of inserting the fingers, etc. in the victim’s sexual intercourse by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (specific reports on suspects), investigation reports (reports on hearing statements by victims), and investigation reports (Investigation of suspect vehicles booms);

1. Details of the Kakao Stockholm dialogue;

1. Application of the Acts and subordinate statutes concerning black boxes, video CDs and statement CDs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification 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, the Defendant has no record of criminal punishment so far, and the background, method, mode, etc. of the instant crime, the Defendant’s sentence against the Defendant, personal information registration, orders to complete sexual assault treatment programs, and employment restriction orders can be expected to prevent recidivism to a certain extent.

The age, occupation, and occupation of the accused.