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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 15, 2017, the Defendant was willing to engage in sexual intercourse with the victim D (the age of 22) and about about 10 months, using the victim’s b body photo taken after he sawd with the victim on August 15, 2017.

1. Around August 18, 2017, the Defendant, at the Defendant’s house located in Seongdong-gu Seoul, Seongdong-gu, E and 111 Dong 107, sent the victim’s body pictures of the victim who had been taken in the past by using Internet hosting on the Internet, leaving the victim spread his/her body pictures if he/she does not take the pictures. On August 21, 2017, the Defendant threatened the victim to the effect that “I would capture the victim’s body pictures to the victim if he/she does not respond to sex relations,” and sexual intercourse between three and three times by inserting the victim’s body pictures into the victim’s body.

Accordingly, the defendant raped the victim by threatening the victim.

2. Around 11:00 on August 21, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), expressed the victim’s intention to refuse to do so in the above hold room, he/she taken pictures of the victim’s surface by using the gallon camera of five mobile phones on his/her own, using the gallon jum jum, as seen above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of the relevant statutes to the F dialogue content, digital analysis appraisal statement, CDs, the case-related parts of the F dialogue content, and the instant text message dialogue content

1. Relevant Article of the Criminal Act and Article 297 (Rape) of the Criminal Act concerning the crime;