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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a test company, and the victim B (n, 43 years old) is a staff member who supported the defendant's operation company's work such as painting from October 1, 2019.
On December 17, 2019, at around 22:00, the Defendant was accompanied with the victim as a business trip in the city of Gu, Namnam-gu, Seoul, but he was able to drink with the victim, drink the drinking, and enter the guest room to be accommodated by the victim, he was found to have been locked by the victim while the victim was drinking, and the victim was panty and panty, when she was frighted, she was frighted with the victim's entrance, breast, sexual intercourse, and the victim's sexual intercourse was collected once.
Accordingly, the defendant, who was unable to resist due to locked, committed indecent acts by force.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to investigation report (related to the results of request for appraisal) to the police statement B;
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Article 16(2) main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse; Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;