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

At around 02:25 on March 18, 2020, the Defendant: (a) received a marina log from “C” located on the Southern-gu B and 2nd floor of Ulsan-gu, Ulsan-gu; and (b) received a marina log with “C” (n, 41 years of age); and (c) discovered a locker or the victim’s continuous locker in diving, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the other victim’s sexual organ located on the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose information, a notification order, and an employment restriction order under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) need to carefully deal with the effect of the Defendant.