A defendant shall be punished by imprisonment for not less than one year and six months.

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. 준유사강간 피고인은 2018. 11. 4. 02:00경 거제시 B에 있는 피고인의 회사 숙소에서, 신입사원 피해자 C(가명, 남, 21세)과 함께 술을 마시다가 피해자가 만취하여 잠이 들자, 피해자의 입술에 피고인의 입을 맞춘 뒤 피해자의 유두를 입으로 핥고, 피해자의 성기를 만진 다음 입으로 피해자의 성기를 빨고, 침대 옆에 있는 로션을 가져와 자신의 손가락에 바른 뒤 피해자의 항문에 피고인의 손가락을 집어넣었다.

In this respect, the defendant used the victim's resistance impossible condition, thereby putting the victim's fingers into the victim's resistance.

2. The Defendant, at around 08:00 on November 4, 2018, committed indecent act by compulsion, at the place indicated in paragraph (1), and at around 08:0, the Defendant: (a) tried to have the victim who was broken out of a lock by house with the victim who was prepared to move out of the door, and (b) pushed the victim at his own time, saying that “the victim was kis.”

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

1. Relevant legal provisions concerning criminal facts, Articles 299, 297-2, and Article 298 of the Criminal Act concerning the choice of punishment (the occupation of quasi-Rape) and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

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 (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;

1. The fact that the accused under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from an employment restriction order has no record of criminal punishment for crimes of sexual assault;