A defendant shall be punished by imprisonment for two years.

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

The Defendant is a person who operates the trade name of “C”, and the victim D (V, 19 years of age) is an employee at the above main point.

From June 30, 2017, the Defendant, from around 02:00 on June 30, 2017, went back to the victim’s “Felur” in Seo-gu, Daejeon, Seo-gu, Daejeon, 06:00.

피고인은 같은 날 08:00 경 위 모텔 714호에서 술에 취해 잠을 자 던 피해자의 가슴과 음부를 핥은 다음 성기를 피해자의 음부에 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Investigation report (to be accompanied by CCTV image data from the Felel); a photograph;

1. A response to a request for appraisal (2017-C-5818);

1. Application of Acts and subordinate statutes on self-injury photographs;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, Article 49(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the victim was compensated by the defendant's primary offender, by making considerable efforts to recover damage, and accordingly the victim did not want the punishment of the defendant, and the victim was committed by taking part in the registration of personal information and sexual assault treatment lectures against the defendant, in light of the age, occupation, family environment, social relationship, etc. of the defendant recognized on the record.