Defendant shall be punished by imprisonment for a term of 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 August 11, 2018, the Defendant became aware of the victim B (Y, 30 years of age) while a dance club was held in an influence place near the Seoul Southernnam Station.

On the 12th of the same month, at around 03:00, the Defendant carried the victim at the back seat of the Defendant’s vehicle in order to take back the victim who was taken off on the top of the vehicle, and the Defendant sited above the victim’s side, and then, the proxy engineer driven the victim up to the front side of the new village branch in Mapo-gu Seoul Metropolitan Government.

In the above place, the Defendant was drunkly drunkd by the Defendant and knee in the Defendant’s kne head, and knee two times in the victim’s entrance, and her chest and buckbucks were stored in the victim’s sexual flag.

Accordingly, the defendant used the victim's failure to resist, thereby putting the victim's fingers into the victim's sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes governing investigative reports (related to the submission of data by victims) and hosting messages;

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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. 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 information; 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. 1662, Nov. 26, 2019); and the Defendant is unable to readily conclude that there is a risk of recidivism or recidivism of sexual assault due to the lack of criminal records of the same type; and the Defendant’s registration of personal information against the Defendant and taking lectures in treatment of sexual assault shall also prevent recidivism.