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

1. Around 00:33 on May 14, 2019, the Defendant, under the influence of alcohol, went to the Eelcom Fheading room by cutting the victim from the left part of the victim’s breath who was drunk and unable to escape his body. In addition, the Defendant, at the same time, went to the Eelbing room by cutting the victim from the left part of the victim’s burging so as to find the victim D (the name, brea, 23 years of age) and to commit an indecent act against the victim.

Accordingly, the defendant was kidnapped to commit an indecent act against the victim.

2. 준강제추행 피고인은 2019. 5. 14. 00:37경 제1항 기재 E모텔 F호 객실 화장실에서 만취하여 몸을 가누지 못한 채 토하고 있는 피해자를 강제로 추행할 것을 마음먹고 피해자의 뒤쪽에서 피해자의 바지 속으로 손을 넣어 피해자의 엉덩이와 음부를 만지고, 피해자의 허리 부분을 1회 핥았다.

Accordingly, the defendant, who was drunk, committed an indecent act on the part of the victim by using the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to D;

1. On-site reports (No. 1 in order), internal investigation reports (CCTV) and CCTV images to captures, CDs;

1. Investigation report (Cine CCTV investigation into the wire station and the telecom), and CCTV-cap photographs, CDs;

1. Investigation reports (in response to requests for appraisal. 2) and the application of Acts and subordinate statutes of the gene appraisal report;

1. Relevant Articles 288(1) and 299 and 298 of the Criminal Act concerning the crime, the applicable provision of the Criminal Act, the choice of punishment, and Articles 288(1) of the Criminal Act, and Articles 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the crime of kidnapping heavier punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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