A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, the execution of imprisonment for the accused.

Criminal facts

피고인은 2014. 6. 17. 01:45경부터 02:45경까지 사이 제주도 서귀포시에 있는 ‘C’ 마당에서 피해자 D(여, 26세)가 술에 만취한 상태에서 다른 손님과 다투는 모습을 보고 이를 말리면서 E 승합 차량으로 피해자를 데려간 후, 승합 차량 안에서 피해자의 입술에 피고인의 입을 맞추고 피고인의 손을 피해자가 착용한 상의와 브래지어 안으로 집어 넣어 피해자의 가슴을 만지다가 피해자의 상의와 브래지어를 모두 걷어 올린 다음 피고인의 입으로 피해자의 양쪽 가슴을 빤 후 피해자의 입 안에 피고인의 성기를 넣는 행위를 하였다.

Accordingly, the defendant committed an act of inserting the defendant's sexual organ into the victim's entrance by taking advantage of the victim's mental disorder or impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Videos of statement recorded CDs with D;

1. Application of Acts and subordinate statutes to the written appraisal;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, Order to Attend Education or Order to provide community service;

1. The Defendant has no record of being punished prior to the instant case, under Articles 47(1) and 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The victim expressed his intention not to punish the victim, and the defendant did not repeat the crime while against his mistake, so it is judged that the registration of personal information and participation in sexual assault treatment lectures can have the effect of preventing recidivism.

In full view of these circumstances, disclosure order is ordered.