A defendant shall be punished by imprisonment for two years.

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 November 5, 2016, the Defendant: (a) was aware of the Victim H (hereinafter “G”) through a smartphone hosting pattern, “G”; (b) was the victim H, 33 years of age, who was one’s own opening to Incheon; (c) was the victim’s own opening to Incheon; and (d) was able to commit rape against the withdrawn female.

1. On November 6, 2016, the Defendant: (a) around 21:30, 2016, J 103 Woo-gu Seoul Seo-gu, Seomun-gu, J 103, and her her female, she was forced to get the victim into the said her mouth, she was off his/her bed, she was off his/her bed from his/her bed, she was placed in the victim’s bed, and inserted his/her sexual organ into the part of the victim’s bed

Therefore, the defendant has sexual intercourse with the victim by taking advantage of his mental and physical loss or incompetence.

2. The Defendant taken the back string of the victim’s hair from the victim’s head to the buckbucker’s body on the above date, time, place, and known body to the bucker’s body on smartphone car.

Thus, the defendant took photographs of another person's body, which may cause sexual humiliation or shame, against his will, using the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second police statements made to H;

1. Investigation report (the analysis of CCTV images) and CCTV reproduction CDs;

1. The application of each request for appraisal, replys to the request for appraisal (referred to Nos. 16 and 20 of the list of evidence), legal and chemical appraisal, and genetic appraisal documents;

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 use of a camera, etc. and the selection of a punishment of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the length of each of the aforesaid crimes prescribed in the judgment of severe punishment for rape);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course;