A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On July 4, 2017, the Defendant attended the C meeting and became aware of the victim D (the age of 18).

피고인은 2017. 7. 5. 06:00 경 포항시 북구 E에 있는 F 펜 션 1 층 거실에서, 술에 취해 잠이 들어 항거 불능 상태에 있는 피해자에게 키스를 하고 피해자의 상의 옷 안으로 손을 집어넣어 가슴을 주무르고, 피해자의 손목을 잡아 피해자의 손으로 피고인의 성기를 만지게 하고, 피해자의 바지 안으로 손을 넣어 성기에 피고인의 손가락을 집어 넣고, 피해자의 몸을 피고인의 몸 위에 올려 피해자의 엉덩이에 피고인의 성기를 비볐다.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's statement (the defendant and his defense counsel are the fact that the defendant raised the victim's kis and booms the chest above the victim's kis, but there is no fact that the victim's booms over the victim's sexual organ. Thus, the victim's statement is not reliable. However, in light of the defendant's act, contents, the victim's perception and response, the victim's statements about the situation before and after the crime are consistent, specific and other circumstances, and the victim's statement's attitude of the victim's statement in this court, etc., the victim's statement is acknowledged credibility and credibility is recognized, and if other evidence are added to this, the defendant's breath of the victim's sexual organ can be sufficiently recognized. Thus, the defendant and his defense counsel's above assertion cannot be accepted.)

1. Statement made by the police against D;

1. Complaint;

1. A criminal investigation report (a photograph submitted by the complainant, a recording file, a suspect's personal information, and the present page), a photograph by capturing a G letter message, a recording CD and a record of conversations with the defendant and H;

1. An investigation report (as to the confirmation of Fpent CCTV and attachment of photographs), on-site photographs.