A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

The defendant is a post-ship relationship with a police officer who has worked together with the victim B (the family name, the female, the age of 26).

피고인은 2018. 5. 14. 22:35 경 인천 계양구 C 건물 2 층 ‘D’ 주점 8번 방에서, 피해자와 같이 술을 마시던 중 피해자가 갑자기 만취하여 테이블에 엎드리자, 피해자를 의자에 눕힌 뒤 피해자에게 키스를 하고 피해자의 상의와 속옷을 가슴 위로 올려 가슴을 만지고 입으로 피해자의 가슴을 핥고, 피해자의 바지와 속옷을 무릎까지 내린 뒤 자신의 손가락을 피해자의 음부에 넣었다.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police's statement protocol (Transcript) and statement protocol, statement protocol (second time), and statement protocol (second time), with respect to B (tentative name) and the police's statement protocol with respect to E;

1. A written statement;

1. Investigation report (Analysis of the contents of dialogue between the suspect and the victim), G details, message content, investigation report (the contents of the voice file analysis submitted by the victim), stenographic records, investigation report (the results of digital siren analysis), and message contents;

1. Determination as to the assertion by the defendant and defense counsel about nine copies of field photographs, investigation reports (explosion and analysis of CCTV images), and the leakage of CCTV images at D main points

1. The defendant and his defense counsel shall have been exempted from the court below of the victim, and have not put the defendant's fingers into the part of the victim;

2. Determination

A. In a case where the statements made by the witnesses, including the victim, are mutually consistent and consistent with the facts charged, they shall not be dismissed without permission, unless there exist any separate and reliable data that are objectively deemed to lack credibility, and the mere fact that the statements made by the witness are somewhat consistent in the major parts of the statements, such as where consistency exists in the statements made by the witness, it shall be dismissed without permission.