Text
Defendant
A shall be punished by imprisonment with prison labor for one year.
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
The criminal facts (defendant A) committed on March 11, 2018, from around 01:00 to around 03:00 of the same day, the Defendant drinking alcoholic beverages with "D" operated by the Defendant located in Jinju-si with "B", "B and victim E (the name of the victim, the 35 years old)", and the victim drinking alcoholic beverages with drinking, and went off and panty back to the toilet, and decided to take back the victim's house. On the same day, around the same day, around 03:07, the victim was under the influence of alcohol, and the victim was under the influence of her chest and panty, and the victim was under the influence of his/her chest, and the victim was under the influence of his/her chest. The victim was under the influence of his/her chest, and the victim was under the influence of his/her chest.
As a result, the Defendant committed an indecent act against the victim by drinking the victim, using the victim’s condition that he is unable to resist.
Summary of Evidence (Defendant A)
1. Statement by the defendant in court;
1. Statement made by the police with respect to E;
1. Application of the CCTV image Acts and subordinate statutes (Defendant A);
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
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 information, 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 (an order to disclose or notify the registered information may have a significant impact on the accused, so it is necessary to be careful and prudently used as such, the registration of personal information of the accused, and taking lectures in treatment of sexual assault may have an effect to prevent recidivism by the accused;
In addition, the details and circumstances of the instant crime, as well as the details thereof.