A defendant shall be punished by imprisonment for not less than one year and six months.

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 shall be the president of the beauty room where the victim B (here, 19 years of age) works.

On October 30, 2019, at around 02:30 on October 30, 2019, the Defendant discovered that, in the guest room of the Incheon Cheongjin-gun Cpenta District, the beauty room staff and the beauty room was allowed to possess a large amount of alcoholic beverages, and that, after being off from the victim’s panty and panty, the Defendant was placed in the victim’s sexual organ.

Accordingly, the defendant committed an act of inserting the defendant's sexual organ into the victim's mouth by taking advantage of the victim's inability to resist.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement B and E, voluntary report on internal investigation, investigation report (F telephone conversations of a witness) to each gene appraisal report (B, A), legal chemical appraisal report (B), crime damage assessment report submitted by the victim at the scene of the crime, video at the scene of the crime, and screen screen pictures submitted by the witness;

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

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;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant had no record of being punished for a sex offense prior to the instant case.