A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant became aware of the victim C (the 49 years of age) while entering a gambling place.

피고인은 2016. 5. 9. 20:50 경 구리시 D에 있는 ‘E’( 이하 ‘ 이 사건 마사지 샵’ 이라고 한다) 내 마사지 룸에서 피해자에게 마사지를 하던 중, 피해자가 깜빡 잠이 든 상황을 이용하여 피해자가 입고 있던 반바지를 내리고 손가락을 피해자의 음부에 넣었다.

As a result, the defendant committed an indecent act against the victim by using the condition of “non-fluence” in the indictment for the loss of the victim’s body and body.

Although it is written, it means a case where psychological or physical resistance is not possible due to reasons other than loss of mind and body, and as in this case, it cannot be seen that the state in which the victim locked as stated in this case constitutes a mental and physical loss (see Supreme Court Decisions 76Do3676, Dec. 14, 1976; 2001Do3490, Sept. 14, 2001; 2001Do3490, Sept. 14, 2001). The facts charged are stated that the victim was locked and the defendant used them to commit an indecent act, and there is no concern that the defendant does not specifically dispute it and there is no concern that the defendant might have any substantial disadvantage to the defense of the defendant, and thus, it shall be corrected and recognized without going through the amendment of indictment.

Using the situation of the victim, the victim was raped.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of text messages (six pages of investigation records) statutes;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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

1. Special cases concerning the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;