A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Criminal facts

피고인은 2013. 7. 8. 01:45경 광주 남구 C에 있는 ‘D 찜질방’에서, 잠을 자고 있던 피해자 E(여, 54세)의 옆에 누운 다음 피해자의 항거불능 상태를 이용하여 피해자의 얼굴을 혀로 핥고 피해자의 옷 속에 손을 집어넣어 피해자의 가슴을 만지고 손가락을 피해자의 음부에 수회 집어넣었다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to the investigation report (No. 4 and 7 No. 1960);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders or Orders to attend a lecture;

1. The crime of this case is an element of sentencing unfavorable to the defendant, such as the following: (a) the defendant put a finger on the part of a woman who was diving at a so set soup by the defendant; (b) the nature of the crime is very bad; (c) the victim was given a considerable physical and mental impulse due to the crime of this case; (d) the defendant was sentenced to a fine due to the commission of indecent act by force by a female under the age of 10 who was diving in the soup; and (e) the defendant again committed the crime of this case without doing so.

On the other hand, the fact that the defendant led to the confession of the facts charged in this case and reflects his mistake, that the victim does not want the punishment against the defendant by mutual consent with the victim, and that the defendant is deemed to have committed the crime in this case by contingency while under the influence of somewhat drunk, etc., shall