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

피고인은 2020. 2. 9. 03:00경부터 같은 날 06:00경까지 사이 고양시 일산동구 B아파트 C호 자신의 주거지 내에서, 부하 직원인 피해자 D(가명, 여, 22세), E과 같이 술을 마시다가 집에 가려던 피해자를 자신의 안방으로 안내하여 잠을 자도록 한 다음, 피해자가 안방 침대에서 잠든 사이 그 옆에 누워 잠이 들어 항거불능 상태인 피해자의 상의를 가슴까지 올리고 피해자의 속옷 안으로 손을 넣어 피해자의 음부에 손가락을 넣고 피해자의 손을 자신의 성기에 닿게 하고 양손으로 피해자의 가슴을 움켜쥐고 자신의 바지를 벗어 피해자의 엉덩이에 성기를 비볐다.

In this respect, the Defendant used the victim's failure to resist, thereby inserting part of the body such as fingers in the victim's sexual intercourse.

Summary of Evidence

1. The application of the defendant's legal statement D (tentative name) and the police statement statement report (Evidence 20,41 Nos. 20,41) to E to the defendant defendant defendant defendant and E, recording of conversations between the defendant defendant defendant defendant defendant and E, recording of conversations between the defendant defendant defendant's counsel with a certain part of his act, recording of conversations between the complainant, the defendant defendant's counsel with the defendant, the suspect, E and F, recording of recording of conversations between the defendant's counsel with the defendant's counsel with a certain part of his act, the contents of conversation between the complainant, the defendant's interview between the defendant, the defendant's counsel's office, and the Acts and subordinate statutes related to food

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

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 consideration shall be made again for the reason of 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 against Order to attend education

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 or a notification order, and the former protection of children and juveniles against sexual abuse.