A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an employee of the victim's workplace between the victim B (n, 34 years of age) and about nine years of age.

Around 18:00 on January 28, 2020, the Defendant, while making a reply with the victim and the company fees, was under the influence of alcohol, and the victim was under the influence of alcohol. On January 29, 2020, around 00:04, the Defendant taken the victim into the residence of the victim in Pyeongtaek-si apartment C apartment D on the part of the victim. On January 29, 2020, the Defendant forced the victim to be under the influence of alcohol, was out of the victim’s will and panty, and was in the hands of the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Legal statement of the witness B;

1. Around the time when the victim took the residence of the victim, the victim did not have any mental or physical loss or arbitrative condition because of a certain degree of alcohol, and the victim’s explicit or implied consent or consent was made under the victim’s explicit or implied consent. Thus, the victim’s indecent act was not forced by taking advantage of the victim’s mental or physical loss or arbitr condition.

Judgment

Comprehensively taking account of the following facts and circumstances that can be acknowledged by the aforementioned evidence, the Defendant may be found to have committed an indecent act against the victim who is in a state of mental or physical loss or resistance under the influence of alcohol.

A. At the time, the victim's alcohol is considered to be under the influence of law.

The victim had been working to the extent that the situation at the time was not memory;

The statements are consistently made.

In addition, from January 29, 2020 to January 15:13, 2020 on the day of the instant case, the Defendant and the victim talked about the instant case by Kakao Stockholm message, and the Defendant saw that “the Defendant was going in front of getting on and off the taxi.”