Text
A defendant shall be punished by imprisonment for not less than one year and six months.
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
1. A quasi-Rape at around 04:00 on March 1, 2020, the Defendant, within the house of the victim C (Gain, Gain, 20 years of age) of the Daejeon Seo-gu Daejeon District B housing, carried out alcoholic beverages together with the victim's panty and panty, she was off the victim's bar and her panty, and stored the victim's chest and her fingers in the part of the victim's drinking, such as the victim's her hand.
Accordingly, the defendant has been raped by taking advantage of the victim's mental or impossible condition.
2. 준강제추행 피고인은 2020. 3. 1. 05:00경 위 피해자의 집 안에서 잠에서 깨어 화장실에 다녀온 후 다시 침대 위에서 잠이 든 피해자의 엉덩이를 손으로 주무르고 피해자의 손목을 잡아 침대 밑으로 끌어내린 후 피해자의 옷 속으로 손을 넣어 가슴을 만지고, 피해자의 오른손을 잡아 피고인의 바지 속에 넣고 피고인의 성기를 감싸 쥐게 하여 위아래로 움직이고, 피해자에게 귓속말로 “빨아줘”라고 말을 하였다.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police investigation report on the defendant's legal statement C (a) on the defendant's statement of statement to the police (afusing a camera text message, a photograph of the victim, submission of a telephone recording file), investigation report (a witness D telephone conversation), investigation report (a witness E telephone conversation), each investigation report (a witness F telephone conversation), investigation report (a criminal investigation on a high level measurement of studio budio boom), investigation report (a criminal investigation on a complaint) between the criminal suspect and the victim, the criminal suspect of the video recording file CD and the criminal suspect of the victim and the victim of the Kaok text photo and a photo of the victim, measuring
1. Relevant Articles 299, 297-2, and 299 and 298 of the Criminal Act concerning facts constituting an offense, the choice of a punishment, and Articles 29 and 298 of the Criminal Act;
1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;