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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a space between the victim C (nive, 18 years of age, 18 years of age) through a mobile phone-rating c.
1. Around 21:00 on July 31, 2019, the Defendant d drinking alcohol together with the victim at the home of the victim in Hongsung-gun, Hongsung-gun. The Defendant d d d d d d, the victim d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d f d d d f d d d d d d d d g d d d d
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, had sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist at the aforementioned time and place, and took photographs of the victim’s body parts, such as the chest and sound part, of the victim who was off clothes using his/her cellular camera function, over 16 times.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. Each gene appraisal report;
1. Application of the Acts and subordinate statutes to the victim bathographic image image found in the suspect's cell phone photograph;
1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing a camera, etc. and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment prescribed for the crime of quasi-rape with heavier punishment) among concurrent crimes;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;