A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On January 15, 2017, at around 06:22, the Defendant collected from the side of the Victim F (F, 55 years of age) who was divingd at a “E” 1st floor underground floor of the D Building in Nam-gu Incheon Metropolitan City D Building, and stored the victim’s chest into the victim’s chest, and continued to put the finger into the part of the victim’s finger.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby putting the victim's body fingers into the victim's body.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement [the defendant and his defense counsel did not contain the fingers on the part of the victim who was satched by the defendant at a soup room, and the victim first got the body of the victim because the victim satched the victim’s sexual organ.

The argument is asserted.

However, in full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by this court, the above assertion is rejected, since the fact that the defendant was physically raped by the victim.

① 피해자는 수사기관 이래 이 법정에 이르기까지 피고인이 찜질 방에서 잠을 자고 있던 피해자의 가슴과 음부를 만지다가 손가락을 음부 안에까지 넣었고, 피해자의 손을 피고인의 바지 속으로 끌어다가 성기 위에 얹어 두었으며, 피해자가 찜질 방에서 계속 잠을 이루지 못하다가 깜빡 잠이 들어 깨어나야겠다고 생각하면서도 도저히 눈이 떠지지 않는 상황에서 피고인이 키스를 하며 입 안에 혀를 넣자 깜짝 놀라서 일어났다고

Specific and consistent statements were made.

In addition, it is difficult to find out the motive or reason for the victim to make a false statement to the defendant first in the soup room on the day of the instant case.

Therefore, the statements made by the victim that meet the facts constituting the crime can be reliable.

(2) The defendant shall become the defendant.