A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

The Defendant is a person running a restaurant in the Namdong-gu Incheon Metropolitan City, and the victim D (n, 19 years of age) was a part-time restaurant in the above restaurant.

At around 01:40 on December 25, 2018, the Defendant, while drinking alcohol with the victim who completed work on the first floor of the above restaurant, had the victim had the mind to commit an indecent act against the victim as the victim was under the influence of alcohol.

The defendant was deprived of the victim, taken the victim into room on the second floor of the above restaurant, let the victim get knee down to knee, and collected fingers, etc. in the part of the victim.

Accordingly, the defendant put a part of the body into the victim's sexual ability by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Legal statement of witness D;

1. The entry of witness E in the fourth trial record and the entry of some of witness F in the witness F;

1. Each gene appraisal report;

1. Each investigation report (number 5 times, CCTV confirmation in a business establishment, etc., results of victim's sexual assault response assessment, confirmation of identical records, hearing of statements by police officers on call);

1. 112. List of reported cases;

1. Application of the statutes governing photographs at the time of damage;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,