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

On August 30, 2020, around 09:30 on August 30, 2020, the Defendant exceeded the victim D (n, 25 years old)'s panty will and panty of the victim with drinking together from the preceding day, and inserted the son's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A response to a request for appraisal (2020-S-7092);

1. Application of Acts and subordinate statutes to investigation reports (statements of victims and reference witnesses), investigation reports (the results of requests for appraisal in emergency of sexual assault);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. To exempt the public disclosure order, notification order, and employment restriction order;

(a) Exemption from an order to disclose or notify: Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(b) Exemption from an employment restriction order: The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

C. The Defendant, as an initial offender, is highly likely to repeat a sex crime to the Defendant solely with the instant crime.

It is difficult to see it, and it seems to have an effect to prevent recidivism to a certain extent through the registration of personal information and the completion of sexual assault treatment programs.

In addition, comprehensively taking into account the defendant's age, family environment and social relationship, disclosure order, notification order, profits expected by employment restriction order and preventive effects, and disadvantages and side effects resulting therefrom, etc.