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

1. Around March 14, 2020: (a) around 00:38, the Defendant: (b) discovered the victim D (name, leisure, age 26) who was seated on the second floor of the Gangseo-gu Seoul Metropolitan Government Btel Ctel underground; (c) discovered the victim D (name, age 26) who was drunk, and tried to commit an indecent act against the victim; (d) laid the arms of the victim who was under the influence of alcohol and went into the above officetel Cdong E heading room, which is the Defendant’s residence.

Accordingly, the defendant kidnapped the victim for the purpose of committing indecent acts.

2. A quasi-Rape: (a) around 00:52 on March 14, 2020, the Defendant: (b) laid the victim from the Defendant’s residence, as described in paragraph (1); (c) laid the victim’s house, and laid the victim’s booms and booms, she was suffering from the victim’s chest, and laid down the victim’s chest, she was frighted, her fingerd into the victim’s panty, and her fingerd into the victim’s panty line; and (d) laid the victim’s fingers.

Accordingly, the Defendant committed an act of containing part of the body such as fingers, etc. in the victim’s sexual intercourse by taking advantage of the victim’s state to resist.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement made to D;

1. A gene appraisal statement (Evidence records 242 pages);

1. A report on internal investigation (CCTV investigation) and attached CCTV images, CDs of CCTV images, leakage photographs, internal investigation reports (the results requested by the State and the appraisal), and each legal chemical appraisal report or genetic assessment report attached thereto;

1. Application of Acts and subordinate statutes to victim photographs at the time of dispatch;

1. Relevant Articles 288 (1) and 299 and 297-2 of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Rape within the scope of the sum of the long-term punishments prescribed for the crime of quasi-Rape with heavier punishment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. An order to attend a course;