A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

1. Around 12:00 on October 18, 2015, the Defendant had sexual intercourse with the victim C (here, 24 years of age) who was divingd under the influence of alcohol in Seongbuk-gu Seoul, Seoul, on a single-time basis.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) took pictures of the victim’s body, such as the victim’s sexual intercourse with the victim, using his/her cellular phone device, at the time and place specified in the foregoing paragraph (1), and in a place where the victim is unable to breathly breathly.

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

Summary of Evidence

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. A complaint;

1. Kakakao Stockholm photographs;

1. The application of Acts and subordinate statutes to preparation and report of apologys, reflective agreements, and recording notes;

1. Relevant Articles 299 and 297 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes) among concurrent crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) have no record of being punished for a sex offense.