However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is a business owner of the C Co., Ltd. in Kimcheon-si, and the victim D (n, 23 years of age) is an accounting employee of the said Co., Ltd.

At around 20:00 on May 4, 2015, the Defendant, while taking a company ceremony at the Famsae room located in Kimcheon-si, was under the influence of alcohol, she was able to write down the parts of the next gate and the part of the back gate by inserting the hand into the victim’s twitts, which were locked down on the table, under the influence of alcohol.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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. Grounds for sentencing in full view of all the circumstances, including the fact that there is no record of punishment for sexual crimes before the crime of this case, the defendant's personal information registration and attending the sexual assault treatment lecture alone, and the benefits and the effect expected by the disclosure order or notification order and the prevention thereof, and the disadvantages and side effects therefrom, it is deemed that there is a special circumstance that the disclosure or notification of the defendant's personal information should not be made, in full view of all the circumstances such as the interest expected by the disclosure order or notification order and the effect expected by the disclosure order and the adverse effects therefrom, etc.

1. There is no basic area (six months to two years) on the basis of the first category (six months to two years) of the crime of indecent act by force (subject to the age of thirteen) on the general standard of the sentencing criteria;

2. The defendant who was sentenced to sentence has committed the instant crime.