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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 17, 2019, the Defendant, including the victim B (n, 23 years of age) and drinking, took place at the shop site of "D" in Daejeon-gu, Daejeon-gu, Daejeon-gu, around 23:20 on the same day.

피고인은 2019. 12. 18. 02:00경 위 마사지 숍 5호실에서 피해자와 함께 마사지를 받은 후 술에 취하여 잠든 피해자에게 다가가 손으로 피해자의 바지와 팬티를 벗긴 다음 입으로 피해자의 음부를 핥고 피해자의 성기에 자신의 성기를 삽입하여 피해자를 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E statements;

1. A criminal investigation report (Attachment of CCTV images inside the D Marina site), a criminal investigation report (Attachment of DNA internal photographs and intensity), and a criminal investigation report (investigation into CCTV images at the site);

1. Police seizure records;

1. Each request for appraisal (No. 13 and 14 No. 14);

1. Photographs (No. 9), a Kakakao Stockholm conversation-fix photograph, and a CCTV-fix photograph;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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), the Defendant did not have any record of criminal punishment for sexual crimes, and the details, method, and form of the instant crime, etc., the Defendant’s personal information registration and taking lectures for the treatment of sexual assault only is to a certain extent.