A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 9. 15. 23:00경 채팅 어플리케이션을 통하여 처음 만난 피해자 B(여, 49세)과 함께 술을 마신 후, 피해자가 만취하여 제대로 몸을 가누지 못하게 되자 피해자를 성남시 중원구 C모텔 D호 객실로 데리고 들어가, 술에 취하여 잠이 든 피해자의 원피스 안으로 손을 넣어 피해자의 가슴을 만지고, 손가락을 피해자의 성기에 넣고, 입으로 성기를 핥았다.

Accordingly, the Defendant, while under the influence of alcohol, committed similar rape against the victim who was unable to resist.

Summary of Evidence

1. Statement of the police officer E of the suspect interrogation protocol of the defendant concerning B's court statement;

1. Application of Acts and subordinate statutes on the report of investigation (in cases, first responders and telephone calls at the time of the accident), photographs of damaged parts, caps photographs, and written reports of request for appraisal (Evidence Nos. 27,36) and 112 reported cases shall be applied;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Suspension of Execution, and Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Criminal Act, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities do not have any past record

It seems that the effect of preventing recidivism can be expected due to the registration of personal information on the defendant and the participation in the sexual assault therapy.

In addition, the age, occupation, family environment and social relation of the defendant, the details and motive of the crime, the method and consequence of the crime, the disclosure and notification order, and the degree of disadvantage that the defendant suffers due to the employment restriction order.