A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On October 2018, the Defendant came to know of the victim D (tentative name, leisure, and age 24) at the interview of new members of the above company around early October 2018, the Defendant offered a practical opportunity to the victim despite having come from the interview, and had the victim attend the company from around 24th of the same month to around 26th of the same month, and suggested that the victim's meals were defective.

피고인은 2018. 10. 29. 19:40경 천안시 서북구 E에 있는 ‘F’ 식당에서 피해자를 만나 소주 4병가량을 마시고 계속하여 2차로 같은 구 G에 있는 ‘H’ 호프집에서 맥주를 마시던 중, 피해자가 술에 만취하여 정신을 잃고 음식물을 토하는 등의 모습을 보이자 같은 날 23:37경 같은 구 I모텔' J호로 피해자를 데려 간 다음, 술에 만취하여 신체적ㆍ정신적으로 반항이 불가능한 피해자의 가슴을 손으로 만지고 혀로 핥고, 피해자의 성기에 피고인의 손가락을 넣었다.

Accordingly, the defendant used the victim's failure to resist, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each written request for appraisal (Evidence 39 pages, 67-72 pages, 109-110 pages), each written request for appraisal;

1. Each investigation report (the attachment of photographic data on the victim's mobile phone list, and the confirmation of the details of a gene appraisal report to the victim);

1. Determination on the assertion by the Defendant of CCTV video CDs and his/her defense counsel

1. The summary of the argument is that the defendant did not put the fingers into the part of the victim, and the victim did not have the state of failing to resist at the time of physical contact, and the defendant did not refuse the contact.

2. In full view of the following circumstances revealed by the evidence adopted and examined by the court, the victim who was at the time of the instant case was unable to resist.