A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 03:00 on February 28, 2014, the Defendant: (a) drinked the victim E (the 22 years of age) who is female employee at a singing shop located in Yangsan-si C; (b) drinked the alcohol in the nearby F; and (c) served the alcohol in the telecom.

Around 06:00 on February 28, 2014, the Defendant: (a) laid down the victim’s name and brogate 607, which was under the influence of alcohol in Yangsan City G, with her upper and lower parts of her brogate; and (b) took the victim’s brogate function using the brogate of the mobile phone owned by the Defendant, with his brogate function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. A person who takes a body against the will of a victim in the reason of sentencing under Article 48(1)1 of the Criminal Act shall choose to imprisonment with prison labor due to the gross circumstances.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant has agreed smoothly with the victim, that the defendant reflects the defendant's mistake in depth, that the defendant has no previous record of punishment.

Since it is recognized that the risk of recidivism is reasonable, the order to attend the sexual assault treatment lecture is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose information: Article 47 or 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in extenuating circumstances not to issue such order;