A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant and the victim D(n, 21 years old) were between the workplace clubs serving in the same restaurant.

On January 29, 2018, the Defendant, at the home of the victim in Seo-gu Daejeon, Daejeon EOOOOO on January 29, 2018, entered the said victim's house together with the said victim.

After the victim finished shower, the Defendant committed an indecent act by force against the victim, such as putting the victim on the lying side of the victim, putting the victim in the clothes of the victim himself/herself, drinking the victim's chest, and forced him/her to get off his/her will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. The criminal place and the arrest report of the occurrence of the case [the defendant and his defense counsel may have a physical contact with the victim at the time of the instant case, but this is made with the consent of the victim, and there was no intention of the prosecution.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., ① the victim, in the investigative agency and this court, consistently stated the Defendant’s indecent act in this case and the victim’s response to the act before and after the commission of the crime, circumstances after the crime, response thereto, etc., the victim, who was in the relationship with the Defendant, was committed a false statement in the above statement, on the ground that there was no reason to make the victim, who was in the relationship with the Defendant, a false statement, with the intent to put the Defendant at risk of criminal punishment, without any particular reason

볼 만한 사정이 전혀 없는데 다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도 등을 더하여 보면, 피해자의 진술은 신빙성이 있다고

The defendant and the victim's behavior are somewhat consistent. (The victim's clothes before and after the crime of this case, the specific situation at the time of the crime of this case, and the victim's behavior.