A defendant shall be punished by imprisonment for one year.

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 was given accommodation in Suwon-si, as well as in Sinwon-si, who became aware of at the victim B (23) and at the university of East Asia, while taking a military leave and traveling with the victim.

On August 20, 2017, the Defendant, around 06:00, got the victim's sexual organ under the influence of alcohol in the telecom.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Determination as to the assertion of the defendant and his defense counsel in the investigation report (including the attached documents No. 11 and attached documents No. 11)

1. The gist of the assertion was that the victim did not resist at the time of the crime of this case, and the defendant did not commit an indecent act as stated in the facts constituting the crime of this case.

2. In full view of the following facts acknowledged by the evidence duly adopted and examined by this Court, including the evidence mentioned earlier, and the circumstances revealed therefrom, the fact that the Defendant forced the victim to resist by taking advantage of the victim’s potential state of resistance can be sufficiently recognized.

Defendant

All arguments of the defense counsel and counsel are not accepted.

A. The victim makes a statement from an investigative agency to this court as follows:

① On the day of the instant case, the Defendant and the “E club” divided three groups into three o’clocks, and met at five o’clocks, and the Defendant, together with the Defendant, laid in advance before entering the said club.

C Moel toward the telecom.

(2) During the period in which he/she had a sexual traffic business establishment changed, the victim changed his/her substitute, and the victim changed his/her substitute to a sexual traffic business establishment, and the accused changed his/her substitute.

③ The victim did not engage in commercial sex acts, and the Defendant told that “I would see the telecom,” and the Defendant went back to the telecom and returned to the telecom.

(4)