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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 06:00 on March 15, 2019, the Defendant: (a) discovered the victim D (one’s name, half, and twenty years of age) under the influence of alcohol in the “C” club corridor located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) drink with the victim by drinking together with the victim; (c) was under the influence of alcohol at around 07:00 on the same day; and (d) was placed on the Defendant’s house located in Gwangjin-gu, Seoul Special Metropolitan City E-gu building F, with the victim’s mind that he was under the influence of alcohol; and (b) was unable to keep the mind of drinking; and (c) written application for amendment of the bill of amendment to the indictment, stating that “A person’s sexual organ is inserted into the part of the victim’s sexual organ,” and that “the mind is fluent by inserting it into the victim’s body,” and each court does not lawfully recognize the amendment of the aforementioned part of the charges without the Defendant’s right of defense.
Although the victim's body was called as the victim's speech, the victim was raped by inserting the victim's body and inserting the sexual organ into the victim's negative part.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Camera"), took videos of the victim’s sexual intercourse with him/her in a physical state using his/her mobile phone camera functions at the same time and at the same place as the preceding paragraph.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.
3. immediately after the date and time set forth in the preceding paragraph, the Defendant had a mind in the said Defendant’s house with the mind that the victim was slicking and attempted to rape again, and the victim was able to do so by hand.