A defendant shall be punished by imprisonment for 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

The defendant was working as the head of the E branch of the National Bank E branch of the National Bank, and the victim F (n, 37 years old) was working as the subordinate staff of the defendant at E branch of the National Bank.

피고인은 2015. 6. 1. 19:00경부터 당진시 G에 있는 ‘H’ 식당에서 국민은행 E지점의 거래처인 신성대학교 측 사람들과 회식을 한 후, 회식이 끝날 무렵인 같은 날 22:13경부터 22:56경 사이 술에 만취한 피해자를 위 식당에서 팔짱을 끼고 데리고 나간 후 식당 부근에 있는 같은 시 I 원룸의 주차장으로 끌고 가 그곳에서 피해자를 끌어안아 피해자의 볼에 피고인의 얼굴을 비비고, 피해자의 입안으로 피고인의 혀를 집어넣어 강하게 키스를 하였다.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, J, K, L, M, N,O, and P;

1. Written statement by prosecution;

1. Each police statement of the F (including the J’s statement part), J, K, L, M, and Q;

1. The defendant's partial statement of a copy of each question and answer;

1. A copy of each question and answer to F, L, or K;

1. Application of the Acts and subordinate statutes governing cafeterias, relevant photographs, stud CCTV images around the field, black stuff images, CDs, recording files, L text conversationss with victims and K, text messages, photographs, recording records, CCTV storage USB, data printed out of R dialogues, cafeteria CCTV CDs (record 128-1 page), Sud CCTV storage CDs (record 128-1 page), Sud CCTVs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The degree of indecent act is not less light, and the circumstances favorable to the denial of it and the denial of it are the first crime.