2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

On October 2, 2016, around 05:11, 2016, the Defendant: (a) within a 3rd male and female public waters room in Mapo-gu Seoul Metropolitan Government, and (b) one time by hand the left chest of the victim E (n, 24 years old) under the victim E (n, e.g., the 24 years old) in the indictment for loss of mental and physical health of the victim; (c) however, in applying Article 299 of the Criminal Act, the indictment for loss of the victim’s mental and physical health is deemed to be “non-feasible.” (see Supreme Court Decision 76Do3673, Dec. 76, 1976; hereinafter referred to as “the victim was de facto unable to resist”), it is reasonable to deem that the Defendant’s indictment for loss of mental and physical health.

As such, if a person intends to engage in sexual intercourse by taking advantage of this condition, the expression "non-rape" in the above ruling constitutes quasi-rape, even if it is erroneous, it is legitimate in the conclusion that the crime is quasi-rape." It is deemed that there is no substantial disadvantage in guaranteeing the defendant's right to defense even if he/she recognizes the crime without going through the amendment procedure of indictment

An indecent act was committed against the victim by using his state.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. The E’s investigative agency and legal statement of the victim E can be sufficiently recognized in light of their consistency, logic, and accuracy, the parts memory and the contents of the part that are not memory, the passage of time and the changes in the reputation of statement, whether the statement conforms to social norms, and the attitude of the statement in court, etc. As such, the above evidence can be comprehensively considered to prove the facts constituting the crime of the crime of the crime of the victim (On the other hand, the defendant’s lawsuit against the victim was unable to recognize that the victim was a woman when the defendant takes advantage of the victim’s statement (as a result of the victim’s statement, it is not deemed that the indoor body was not set at the time, and that the inside body of the victim did not have been set at the point that it was impossible to distinguish gender and gender), and that there was a considerable action at the time.