준유사강간등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A quasi-Rape: (a) on July 1, 2019, between around 03:00 and around 04:00, the Defendant exceeded the victim D (one, the other, the other, the age of 26) under the influence of alcohol in the guest rooms in Suwon-si B Building C, Suwon-si, and laid down his fingers on several occasions.
Accordingly, the Defendant, who was under the influence of alcohol, committed quasi-Rape with the victim using the state of mental disorder of the victim.
2. The Defendant, using smartphones (opphone XS) owned by the Defendant at the time and place specified in paragraph (1) of this Article, taken photographs of the body part and the body part of the victim divingd with her body part and panty body part of the victim under the influence of alcohol using smartphones (opphone XS), taken the body part of the victim under the influence of alcohol, and transmitted them to the Kakakao Kakao Kao Ma Masccom where 10 persons, including the Defendant, including the above photographic and dynamic images, have taken the body part and the body part of the victim under the influence of alcohol.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will and distributed it.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. Photographs;
1. Each CD;
1. Photographs, etc. taken by a Kakao Stockholm room;
1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;
1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 299 and 297-2 of the Criminal Act concerning the choice of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing carmeras, etc., the choice of imprisonment), Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the distribution of photographs using carmeras, etc. and the choice of imprisonment);
1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (within the scope of adding up the long-term punishment for each crime), Article 50 of the same Act;
1. The Criminal Act, the suspension of execution;