Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is sentenced to the punishment of the victim C(n, 31 years of age).

On July 11, 2013, the Defendant drinked alcohol at the home of the Defendant in Seo-gu, Seo-gu, Gwangju, along with the wife of the victim and the Defendant.

After that, the defendant reported the victim who was under the influence of alcohol at a small room, was able to look at the victim's chest with his clothes, and walked with the victim's clothes, and raised the chest as soon as possible and kid against the victim.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's bad faith or non-ffort.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of C and E;

1. Application of Acts and subordinate statutes to each family relation certificate (No. 5 and 6 No. 5 of the evidence list);

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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 on the suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");

1. The main sentence of Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Reasons for sentencing on the punishment of a sexual crime exempted from disclosure or notification order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of favorable circumstances, etc. deemed favorable for sentencing following the following reasons, it is difficult to deem that the defendant is likely to recommit a sexual crime, and in full view of all other circumstances, it is difficult to deem

1. The crime of this case is deemed to have committed an indecent act on the part of the defendant who was under the influence of alcohol by force, and the nature of the crime is bad.

On the other hand, the defendant led to the confession of the facts charged in the instant case, against his mistake, and against the victim.