A defendant shall be punished by imprisonment for not less than 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

On March 30, 2015, the Defendant her drinking together with the Victim D (V, 19 years of age) while drinking together with E-dong C, Jung-gu, Busan, Seopo-dong, Busan, with E-dong C, etc. around the new wall.

After completing the foregoing drinking place, the Defendant proposed to the victim and C that “the remaining defects are added to our house,” and had the victim, etc. move to the Defendant’s residence in Busan Young-gu E with the victim, etc. at around 07:00, the Defendant directed the victim, etc. to take the victim’s care of himself/herself, without drinking any other difficult remaining alcoholic beverages.

Since then, at around 07:30 on the same day, the Defendant discovered that the victim was locked by entering the room where the victim was divingd to get tobacco, she would have sexual intercourse after photographing the body of the victim who is difficult to resist due to drinking, and knee and knee the victim’s will and panty, cut off the victim’s kne and knee into the chest, and then taken four times the Defendant’s chest and knee using the Defendant’s cell phone camera function.

Afterwards, the defendant was sexual intercourse by inserting the victim's sexual organ into the victim's negative organ.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will, and has sexual intercourse with him by taking advantage of the victim's state of refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each investigation report (the No. 16,23 of the evidence list);

1. Application of statutes, such as video CDs;

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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be more severe;