A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a victim B (a family name, a female, 37 years of age).

On June 21, 2019, around 00:30 on June 21, 2019, the Defendant committed an indecent act against the victim under the influence of alcohol in the Defendant’s residence room in Gangseo-gu Seoul Metropolitan Government, with his hand, after checking that the victim’s bucks and mucks were locked, he kneen up the victim’s kne, and kneen up the victim’s bucks and clothes with his hand, and used the victim’s knen part in the state of mental disorder or failing to resist.

Summary of Evidence

1. The prosecutor's statement concerning B;

1. Each police statement of B and E;

1. Each statement of B and E;

1. CCTV video CDs [Defendant and defense counsel asked all questions to Defendant during the investigation process of the prosecution against prosecutor, and the prosecutor asked only a general question after the fact, so the interrogation protocol of the defendant by the prosecutor against the defendant does not constitute an interrogation protocol prepared by the prosecutor, and thus inadmissible as evidence is not admissible. On the other hand, the declaration of consent to evidence under Article 318 of the Criminal Procedure Act may be cancelled or withdrawn before the examination of evidence is completed, but once the examination of evidence is completed, the cancellation or withdrawal is not recognized after the examination of evidence is completed, and the admissibility of evidence already acquired prior to the cancellation or withdrawal is not lost (see, e.g., Supreme Court Decision 9Do2029, Aug. 20, 199). The defendant and defense counsel consented to the interrogation protocol of the suspect against Defendant on the first trial date of this case, and since the examination of evidence was completed, it cannot be denied the admissibility of the above interrogation protocol as evidence].

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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