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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Reference Facts] On August 8, 2015, at around 02:30, the Defendant, while drinking alcohol together with Defendant-friendly I, I’s Women-Friendly J, J, J’s pro-dong Victim K (M, 24 years old) in Gwangju Mine-gu, the Defendant, at the same time, moved the taxi to “Mel” in the same Gu L, with the victim, in order to attract himself/herself to the sobrier and the victim.

[Criminal facts]

1. Around 03:00 on August 8, 2015, the Defendant exceeded the victim’s clothes, and taken photographs of the Defendant’s fingers using a camera function installed in the Defendant’s mobile phone to put them into the victim’s fingers.

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

2. The Defendant, at the time, at the time, and at the place specified in paragraph 1, kis the victim who could not fright his body by drinking as above, and inserted the Defendant’s finger during the victim’s sexual organ into the victim’s sexual organ, and inserted the Defendant’s sexual organ in the victim’s sexual organ.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of examination of the witness to K;

1. Statement made by the police with respect to the N;

1. Seizure records;

1. Written replies of results of digital evidence analysis;

1. One copy of the Mel CCTV video CD;

1. Judgment on the assertion by the defendant and his defense counsel

1. The summary of the argument (in relation to quasi-rape of rape), the defendant had sexual intercourse under the agreement with the victim, and the victim was not in a state of mental or physical loss or non-competence at the time, and there was no perception that the victim had sexual intercourse with the victim by using the victim's mental or physical loss or non-competence

2. Determination

A. The crime of quasi-rape under the Criminal Act is a person’s heart loss.