Text
A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
The Defendant, at around 05:00 on November 3, 2015, followed the introduction of D hotel 1112 in Seopopo-si C around Seopopo-si, Seopo-si, D hotel 1112, for drinking, such as the victim E (Woo, 23 years of age) who first met and his/her drinking, and had the victim play, first of all, reported that he/she was locked, and was able to commit an indecent act.
그리하여 피고인은 피해자 옆에 다가가 이불을 덮고 누운 다음 손으로 피해자의 가슴을 만지고, 혀로 목을 핥은 다음 성기로 피해자의 엉덩이 부분을 비비면서 피해자의 팬티 속으로 손을 넣어 피해자의 항거 불능 상태를 이용하여 피해자를 추행하였다.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Each police statement made to E and F;
1. A E-document;
1. Details of G text;
1. Application of Acts and subordinate statutes to photographs of crime places;
1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Determination on the Defendant’s assertion under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. The summary of the Defendant’s assertion is that the victim’s sexual organ and buckbucks first met with the Defendant’s sexual organ and buckbucks, and the victim’s sexual organ and her chest were only involved with the victim’s consent and do not commit an indecent act by force.
2. According to each evidence of the judgment below, the victim first fell into the victim's invasion, and then the victim was placed on the victim's bed, the victim was placed on a simple bed, and the victim was placed on a simple bed, and the defendant was placed in a simple bed, and the victim was placed in a hotel toilet where the victim was shouldered by the victim's body.
The fact that H and F made all of them talks with H and F, and the victim was committed an indecent act against the defendant and H H F.