A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal history] On March 4, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor due to a special intimidation at the Suwon method, etc., and completed the execution of the sentence at the Suwon detention center on April 4, 2016.

[Criminal facts]

1. A quasi-indecent act Defendant committed an indecent act on October 9, 2016, within the room of “the nationalization of the victim E (n, 20 years of age) playing together with the victim E (n, 20 years of age) who was under the influence of alcohol and used the victim’s buckbuck in a state of resistance impossibility, thereby committing an indecent act against the victim.

2. While the Defendant was committing an indecent act such as the date, time, place, and paragraph 1, the Defendant destroyed the victim’s goods kept in the pention so that the amount equivalent to KRW 748,00 for repair costs would be exceeded 748,00,00, such as destroying the wall F and body fighting in the above E’s male-gu F and body fighting, which are the main owner of the said pention.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the police with H;

1. A report on investigation;

1. Previous convictions in the judgment: A written reply to inquiries, such as criminal history, investigation report (the facts during the period of suspension of execution and repeated offenses) (in relation to forced indecent acts committed by the defendant, the defendant and his/her defense counsel did not have any buckbucks that the defendant did not have any suckbucks

Even if so, it is argued that there is no intention of indecent act in a drunken state.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the statement of the witness E and F, who is the victim and witness, is consistent with the specific and important parts, ② the size of the room where the victim was locked was determined, ③ the defendant was considerably far away from the location in which the victim was locked, ③ even if the victim had spreaded two times, the defendant continued to have been the victim.