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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 27, 2015, the Defendant, at the “D” restaurant operated by the Defendant in Gumi-si C around 01:00, would give a driver on behalf of the Defendant to the victim E (n, 43 years old) (n, 43 years old) who desires to drink and return to Korea together with the Defendant.

하며 피해자를 위 식당으로 데리고 가 갑자기 피해자의 손목을 잡아 위 식당 방 안으로 밀어 넣고 바닥에 엎어진 피해자의 옷을 벗기고 피해자의 몸 위에 올라 타 반항하지 못하게 한 후 입으로 피해자의 젖꼭지를 빨고 가슴을 핥으면서 피고인의 손가락을 피해 자의 성기에 넣었다.

Accordingly, the defendant abused the victim to put the victim's fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to investigation reports (related to attachment of photographs) and photographs;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of being punished for a sexual crime prior to the instant crime, the Defendant appears to have committed the instant crime somewhat contingently, and the Defendant’s age, occupation, social relationship, details and motive of the relevant crime, method and consequence of the relevant crime, profits and preventive effects expected by the Disclosure Order or Notification Order, and disadvantages and side effects therefrom, there are special circumstances that may not disclose and notify the Defendant’s personal information.