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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.
Reasons
Punishment of the crime
On September 26, 2015, at around 07:00, the Defendant committed an indecent act against the victim, such as setting the Defendant’s losses set aside in the Defendant’s residence in Seodaemun-gu Seoul, Seoul, by bringing them into the Defendant’s sexual flag, taking the victim’s losses, gathering the victim’s losses into the victim’s inner part, raising the victim’s losses, taking the victim’s chest, and drinking the victim’s chest.
As a result, the defendant committed an indecent act against the victim by taking advantage of the victim's incompetence.
Summary of Evidence
1. Statement by the defendant in court;
1. D Legal statements;
1. 문자 메시지 내역 유죄의 이유 피고인의 변호인은 피고인이 피해자의 손을 자신의 성기 위에 올려놓았을 때 피해자가 잠에서 깨 었으므로 그 후 피고인의 행위는 피해자의 항거 불능상태에서 행한 것이 아니라고 주장하고, 피해자도 수사기관 및 법정에서 피고인이 피해자의 손을 피고인의 성기에 갖다 대 었을 때 잠에서 깼고 몸을 뒤척이는 척 하면서 손을 빼기도 하였다고
The statement was made.
However, according to the following circumstances acknowledged by evidence duly adopted and investigated by this court, the victim was in a situation where it is considerably difficult to resist the victim's psychological or physical resistance at the time.
As such, the entire facts charged of this case are found guilty.
① The Defendant and the victim met the alcohol at around 11:0 a.m. on the day immediately preceding the instant case, and talked with the Defendant’s house at around 3:0 p.m. on the new wall at around 4:0 to 5:0 p.m. on the new wall, the victim locked, and the Defendant viewed the film by a computer from the side of the victim.
피해자는 1~2 시간 정도 잠을 자 던 중 피고인이 자신의 손을 피고인의 성기에 갖다 대자 잠에서 깼고, 피고인은 10~15 분 정도 범죄사실과 같은 추행행위를 하였다.
(2) The injured party was the head of the defendant's office in a state of drinking one or more parcels of lawsuit prior to the expiration of the term.