Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

The defendant and the victim B (n, 24 years old) were first known from the club on December 12, 2018, i.e., Homan-Nam.

1. Around 08:20 to 10:30 on December 13, 2018, the Defendant, a quasi-rape, expressed his/her intent to refuse the Defendant’s sexual intercourse at the Defendant’s residence located in Suwon-gu C Building D, Suwon-gu, Suwon-si, Suwon-si, that he/she was off his/her clothes of the locked victim, and inserted the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's mental condition or the state of impossibility to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. The Defendant, using the date and time set forth in Paragraph 1, at the place of the Defendant’s cell phone device located in the camera, taken a photo of the victim locked, and taken a photograph of the victim’s body in the form of her body, one screen picture taken by inserting the Defendant’s sexual organ into the sound part of the victim’s body, and one photograph taken by the victim in the form of her body body part.

Accordingly, the defendant taken five times against his will the body of the victim who could cause sexual humiliation or shame.

B. On December 13, 2018, the Defendant, at around 10:19, set forth in subparagraph 2-A of the Article 2 in the Article 2-A of the Article 2-2.

The victim sent a copy of the photograph taken against the victim's will using Kakao Kakao Kakao Ma, which was sent to friendly E with the victim's photographed condition.

Accordingly, the defendant provided the body of the victim who could cause sexual humiliation or sense of shameing against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Records of seizure and the list of seizure;

1. Results of the analysis and replies of digital evidence, genetic appraisal report, etc.;

1. Photographs and video file CDs;

1. Investigation report (the restoration of cellphones and output of moving pictures), the accused and EKakaoo;