1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On May 23, 2015, around 01:16, the Defendant: (a) discovered the victim D (nived, 27 years of age) under the influence of alcohol in front of the house located in Mapo-gu Seoul Metropolitan Government; and (b) indicted the prosecutor who has lost his mind and body as “non-performance of resistance”; (c) however, the Defendant was indicted as “non-performance of resistance” under Article 299 of the Criminal Act.

Article 297 and Article 298 of the Criminal Act refer to cases where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than loss of mental or physical nature (see, e.g., Supreme Court Decisions 98Do3257, May 26, 2000; 2012Do2631, Jun. 28, 2012). For example, in cases where a person is sealed in the face of fear due to danger to the life or body, or in cases where the body cannot move out due to the combination of hands, and the state of mental or physical loss is not a situation where it is impossible to resist the victim’s drinking, such as the instant case, but a state of mental or physical loss.

I would like to say.

As there is no disadvantage to the defendant's exercise of his/her right to defense, the "non-performance of defense" is recognized by changing the "non-performance of defense" to "non-performance of mental

In order to sustain the victim in his/her state, the victim continued to move the victim to the "F hotel" 214 heading in Mapo-gu Seoul, Mapo-gu, and committed an indecent act, such as leaving the victim's chest into the center.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Part of each protocol concerning the suspect interrogation of the police against the accused;

1. Statement made by the police with regard to D;

1. A written appraisal;

1. Investigation report (or relative investigation of victims and reference witnesses);

1. Each CCTV image;

1. The defendant and his defense counsel who was physically and mentally lost or unable to resist the CCTV image at the time;

It can not be concluded, and the defendant asserts that he was unable to recognize the victim's mental and physical loss or resistance.

The following are acknowledged based on the above evidence.