A defendant shall be punished by imprisonment for two years.

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

At around 02:00 on December 14, 2017, the Defendant: (a) sought to drinkd the victim D to her own car to put the victim D to the university dormitory; (b) however, the victim was able to move the victim D to her own residence located in the E building A, Simsan-si, Simsan-si, E, and 307.

Since then, the defendant was able to report the victim who was under the influence of alcohol and frighten in the side of the victim, was frighten from the back, was frighten of the victim's chest with his clothes, was frightened into the victim's will and panty, stored his finger into the victim's sexual organ, collected his finger into the victim's sexual organ, and stored him in the victim's inner organ.

As a result, the defendant committed an act of inserting part of the body in the victim's sexual intercourse by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach a F message exchanged with victims D), investigation report (F message sent by the victim) and investigation report (the F message sent by the victim);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is not an offense against unspecified victims; the Defendant has no criminal history, etc.), the effect of preventing recidivism can be limited to taking lectures on the registration of personal information of the Defendant and taking lectures on sexual assault treatment only to a certain extent.

The defendant's age, family relationship, and social.