A defendant shall be punished by imprisonment for not less than eight 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 April 25, 2015, the Defendant came to know of the victim D (nive, 26 years of age) through the “C”, a mobile phone hosting pole around April 25, 2015, and proposed the victim D (nive, 26 years of age). On April 30, 2015, the Defendant initially provided the victim with the alcohol.

The Defendant, at around 01:00 on May 1, 2015, was the same as the victim, who was unable to properly hold the body under the influence of alcohol, and the Defendant was seated together with the victim at the F Park Convene in Jinju E.

피고인은 계속하여 술에 취해 정신을 잃고 피고인의 몸에 기대 누워 있는 피해자를 강제추행할 마음을 먹고 피해자의 상의 옷 사이로 손을 집어넣어 가슴을 만지고 피해자의 치마 뒤쪽으로 손을 넣어 엉덩이와 음부를 수회 누르듯이 만지고 피해자의 등을 혀로 수회 핥으며 키스하였다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Examination protocol of the accused by prosecution;

1. Statement of the police made to D (alias H) ;

1. 112 reported case management table, text and photograph;

1. The defendant and his defense counsel asserted that there was a physical contact between the defendant and the victim under the influence of the time and time stated in the facts charged, but there was no act of indecent act as described in the facts charged, as well as that at the time, the victim was under the influence of a certain amount of alcohol, but did not reach the state of mental disorder (the defendant and his defense counsel).

In other words, the following circumstances revealed by each of the above evidence, i.e., ① the victim’s statement is generally consistent and consistent from the investigative agency to the investigation agency, and not only is it highly reliable, but also is reported to the police immediately after the victim was committed an indecent act, and the male-child Gins who received contact with the victim at the time is far away from the time of this court.