A defendant shall be punished by imprisonment for not more than ten 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 June 26, 2018, the Defendant entered a hotel with B and hotel while drinking alcohol at night. On June 26, 2018, the Defendant confirmed the telephone contents among the absence from male-friendly C, and confirmed the telephone contents. On June 27, 2016, around 06:07, the Defendant called the Defendant’s home located in Mapo-gu Seoul, Mapo-gu, Seoul, and the second floor, and called the said C to the said C, and cut off the phone.”

Accordingly, at around 06:34 on June 27, 2018, the above C made a phone call at around 06:34, 112, and stated that “The phone calls have been caught, which is concealed in the toilet.” On the same day, the Defendant: (a) reported to the police officer E dispatched after receiving the above report at the Defendant’s home at around 06:40 on the same day; and (b) on July 23, 2018, the Defendant stated that “A police officer E was subject to the victim’s investigation from female juveniles and F, who were under the influence of alcohol and alcohol, and was sexually punished as having been raped from B.”

However, in agreement with B, the defendant was only sexual intercourse, and the defendant did not lose his mind or resist himself.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness B and C;

1. The police suspect interrogation protocol and statement concerning B;

1. The police statement of the defendant;

1. The written statement of the defendant;

1. Records of non-prosecution cases, written decision on non-prosecution, and reply to the communications warrant;

1. Determination as to the assertion of the Defendant and his defense counsel on investigation report (H hotel CCTV verification)

1. The gist of the argument is that the Defendant only told the police officer at the time of the instant case that “at the time of the occurrence of an unfit sexual relationship,” and does not actively mean that he was sexual intercourse. At the time of the instant case, the Defendant was sexual intercourse with the Defendant at the time of the instant case.