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.

Criminal facts

1. Quasi-rape: (a) on June 23, 2018, between 04:30 and 07:00, the Defendant: (b) 803 heading rooms of “D” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; (c) she was drunk from the victim E (V, 22 years old); (d) she was drunk from the victim’s panty and panty; and (e) she was placed in the victim’s negative part; and (e) she was frighted from the locking to the victim,

They refused and refused, and even if they suffered panty, the victim again went out of the victim's panty and panty again, and had sexual intercourse once.

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 Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing such as a camera, etc.) had sexual intercourse with the victim at the above date, time, and place, and took a video image of the Defendant’s cell phone (9 gallons).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared by E;

1. A response to each request for appraisal, a legal and chemical appraisal report, each gene appraisal report, and a digital analysis appraisal report;

1. Video-recording CDs, each CD (the two-story suspect, the victim’s access video data, the suspect, and the victim’s telephone recording file);

1. A report on internal investigation (the analysis of CCTV image data from DNA lines), investigation report (to hear statements from the victim's telephone);

1. Application of each protocol of seizure and each statute on the list of seizure;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 300 and 299 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 point of using a camera, etc. and the selection of a punishment of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes to the extent that the punishment is aggregated with the long-term punishment for each of the crimes punishable by heavier quasi-rape);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act: