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 May 6, 2019, at around 00:47, the Defendant drinking alcohol with the Victim D (Inn, 53 years of age) together with “C” located in Seongdong-gu Seoul Metropolitan Government on May 6, 2019, and the Defendant was under the influence of alcohol with the Victim D at the foregoing drinking house, and was in the vicinity of Seongdong-gu Seoul E building, Seongdong-gu, Seoul, in which the victim was under the influence of alcohol, led the unborn victim, was placed on the floor, kid the victim, kid on the upper floor, kid the victim, kid the chest, kid the chest, kid the chest of the Defendant, caused the body of the victim, brought about the head of the victim and brought about the Defendant’s sexual organ towards the Defendant’s gender, and brought the Defendant’s sexual organ into the speed of the victim’s entrance, but failed to bring the victim into force.
Accordingly, the defendant was trying to put a person's sexual organ inside the body, such as the mouth, etc., by taking advantage of the person's mental or physical condition of refusing to resist, but failed to achieve that intention.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol of statement concerning D, and each police protocol of statement concerning F;
1. A complaint filed in D;
1. Investigation reports (verification of CCTVs related to this case), investigation reports (on-site photographs), investigation reports (on-site CCTVs related to this case-related CCTVs-related), investigation reports (on-site images-related to the images submitted to the F), investigation reports (on-site images-related to the images submitted to the F), investigation reports (on-site images-related confirmation), and investigation reports
1. Application of the Acts and subordinate statutes to capture photographs by cutting down the victim form, CCTV screen pictures, on-site photographs, CCTV screen pictures, text messages, and screen photographs by cutting off a video;
1. Relevant Articles 300, 299, and 297-2 of the Criminal Act concerning the facts constituting an offense;
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. 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), and the Welfare of Disabled Persons Act.