A defendant shall be punished by imprisonment for two years.

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, at the main point of “E” in the vicinity of the victim C (n, 19 years of age) and D University, was a part-time employee.

At around 02:00 on September 4, 2015, the Defendant drinked alcoholic beverages with the victim at “G main points” located in Cheongju City, and around 04:20 on the same day, the Defendant entered the victim at H 501 and called “the victim would return to the house,” but the victim called “the victim would return to the house.” However, the Defendant, by hand, laid down the victim’s hand on the part of the victim’s hand so that the victim’s body did not resist the victim, she laid down the victim’s body, she laid the victim’s finger, she laid the victim’s sexual finger by gathering the hand into the victim’s seat.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A report on internal investigation (related to investigation into damaged sites and CCTVs);

1. The application of CCTV photographs, etc. (the defendant and his defense counsel are true that he gets the victim to take the victim's hand, but there is no fact that the defendant gets the victim to take the victim's hand, but in light of the fact that the victim made consistent and specific statements about the fact of damage, the application of statutes is sufficiently recognized to place the victim's finger during the victim's sexual period, such as the criminal facts in the judgment of the defendant, after holding the victim's resistance against the victim.)

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

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. 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 or notify, and 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 is the primary offender, the Defendant’s age, family environment, social relationship, relationship with the victim, and the instant crime.