Defendant shall be punished by imprisonment for a term of one year and 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 is between the victim B (n, 24 years of age) and the workplace rent.

1. At around 06:00 on September 9, 2017, the Defendant, a quasi-indecent act by compulsion, i.e., “D” located in the Chungcheongnam-nam Budget Group C, under the influence of alcohol, used the victim’s hump to the victim’s right to resist due to sleep, and used the victim’s hump continuously by inserting the victim’s hand into the victim’s panty.

Accordingly, the defendant committed indecent act against the victim who is in a state of impossible failure.

2. 준유사강간 피고인은 2018. 8. 23. 02:00경 피해자 및 직장 동료들과 함께 술을 마신 후 술에 취해서 의식이 없는 피해자를 택시에 태워 서울 노원구 E모텔 F호로 데리고 간 뒤 술에 취해 잠들어 있는 피해자의 옷과 브래지어를 벗긴 후 입으로 피해자의 목과 가슴을 핥고 빠는 등 애무하고, 계속하여 손으로 피해자의 팬티를 벗겨 피해자의 음부를 만지다가, 오른쪽 중지 손가락을 피해자의 음부에 삽입하였다.

As a result, the Defendant committed similar rape against the victim who is in a state of impossibility to resist.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

1. Giteracy, screen CDs, on-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (field and CCTV investigation), a closure screen and a criminal investigation report (report on the results of the verification of CCTV images before the telecom);

1. Relevant Articles 299, 297-2, and 299 and 298 of the Criminal Act concerning facts constituting an offense, the choice of a punishment, and Articles 29 and 298 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation Orders and

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information;