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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a workplace club fee working together at the victim D (a person, a woman, 28 years old) and the Design Team of FF Co., Ltd. located in Sinsan City. On October 29, 2016, the Defendant took a business trip with the victim, male and female employees of the Dong, and the sexual city, and drinking alcohol at the main place with the victim, etc. on the same day.

그런 후, 피고인은 2016. 10. 30. 03:00 경 화성시 G에 있는 ‘H 호텔’ 403 호실에 술에 취한 피해자를 데려 다 준 다음 일행인 동료 남자 직원과 함께 자신들의 숙소로 돌아왔으나, 피고인은 다시 위 ‘H 호텔’ 403 호실에 찾아가, 그 곳 침대에서 술에 취해 잠을 자고 있는 피해자의 입술에 뽀뽀를 하고, 피해자의 가슴을 손으로 만지고 입으로 빤 다음, 피해자의 성기에 손가락을 집어넣었다.

As such, the Defendant committed similar rape against a victim in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of evidential materials submitted by the complainant) and a report on investigation (the telephone with the reference person);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is not an offense against many unspecified persons; the instant crime is not an offense against the Defendant; the Defendant has no criminal history. In light of the foregoing, the registration of personal information and the treatment of sexual assault against the