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

1. Around October 2015, the Defendant: (a) at the D convenience store located in Gangseo-gu Seoul Metropolitan Government on October 02:00, the Defendant: (b) discovered the victim E (the 19 years of age at the time, she was under the influence of alcohol) who lost his mind; (c) was able to commit rape in order to capture the victimized person into the telecom; (d) feling the injured person; and (e) laid off the victim’s clothes to the fel in Gangseo-gu Seoul Metropolitan Government fel; and (e) feling the victim into the taxi, she was drunk, and she sexual intercourse by inserting the victim’s sexual organ into the part of the furbane.

2. On October 2015, the Defendant, in violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took pictures of the victim E, by using his smartphone (Evidence No. 1) with the inner function of the camera function, putting off all the clothes of the victim E, blicking in the boom with drinking, as described in the above paragraph (1), without awareness, from around 02:00, the date of October 2015, the Defendant taken pictures of the victim’s body without the victim’s consent.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution and the police concerning E;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (including evidence Nos. 3, 28, and accompanying materials);

1. Application of Acts and subordinate statutes to replies to results of digital evidence analysis (including attached data);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using a camera and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the sum of the long-term punishments of the heavier punishment prescribed for the crime of quasi-rape is added);

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following conditions favorable to the accused).