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

피고인은 2019. 9. 28. 23:00경 인천 부평구에 있는 주점에서 피해자 B(가명, 여, 19세, 이하 ‘피해자’라 한다) 등과 합석하여 술을 마신 후, 2019. 9. 29. 00:12경부터 07:00경까지 사이에 인천 부평구 C 모텔로 피해자를 데려 가, 술에 취해 항거불능인 피해자의 옷을 벗기고 손으로 피해자의 가슴을 만지고 입으로 피해자의 가슴을 핥고, 손으로 피해자의 음부를 만지고 피해자의 음부에 손가락을 집어넣어 약 10회 왕복하고, 피고인의 성기에 콘돔을 끼운 상태로 피해자의 음부에 성기를 비볐다.

Accordingly, the Defendant committed an act of inserting the fingers in the sexual flag of the victim, who was unable to resist due to alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. The application of the Acts and subordinate statutes to each investigation report (request for provision of communication data, request for provision of communication data, CCTV for management of the D main office building, CCTV relation to the entrance and leaving room, hearing of the victim's telephone) on the B's statement and the list of seizure records, the written statement, the written statement, the statement of the victim of sexual assault, the written consent of victims of sexual assault, the medical record of victims of sexual violence, the first knife list, the request for provision of communication data, the communication data and the reply, the interview data on the site of the case, the photograph, each gene appraisal document, each legal chemical appraisal document, the recording document, and text messages printed out;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;