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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 04:00 on May 25, 2017, the Defendant: (a) at the Defendant’s house located in P public notice No. 205 at P. A at P. 205 at P. A; (b) together with the Defendant’s house located in P. 205 at P.C., was able to rape the victim E (a., the victim’s name, leisure, 22 years old); (c) was off the victim’s fry and panty; (d) was off the victim’s fry and panty; (e) was frighted; (e) was frighted; (e) the victim’s chest was frighted; and (e) was sexual intercourse once by inserting the victim’s sexual organ into the victim’s body; and (e) inserted the victim’s sexual organ into the victim’s negative organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

2. The Defendant, in violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took a ballon image using the Defendant’s cellular phone (a7 jum) function as a gallon on the date and at the place specified in the above paragraph (1).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (F made by the victim and the suspect, voice files made by telephone conversations between the victim and the suspect, and hearing reports made by the victim), F contents, and telephone tape CDs;

1. List of seizure and protocol of seizure;

1. Application of CD-related Acts and subordinate statutes to reports on results of digital evidence analysis and results of digital evidence analysis;

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 prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the heavier punishment (within the scope of adding up the long-term punishment of the above two crimes)];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201).