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

Punishment of the crime

1. The defendant is a person who is a relative of a victim C (a woman and 55 years of age) as a pilot of the victim of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

At around 16:00 on March 19, 2013, the Defendant committed an indecent act against the victim at the victim’s house located in Daegu Seo-gu, Daegu-gu, stating that “The Defendant has recently failed to conduct a business due to the lack of a certain occupation, making it difficult for the victim to do so due to the lack of denial of the occupation, and found the victim at that place, and then the victim drinks the drinking together with the victim, and the victim was under the influence of alcohol, and the victim was able to do so at the inside and outside of the said place, by inserting the hand into the victim’s sitts, making the finger into the victim’s sitts, making the chest off the victim’s will and panty, cut out the panty, and knick up the knive part, thereby making it difficult for the victim to do so.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), took photographs of the victim’s body against his/her will using a camera function of a smartphone (Evidence No. 1) which the victim was under the influence of alcohol, using the victim’s crypt and panty, after drinking together with the victim as set forth in paragraph (1), and using the victim’s crypt, and cryp function of a smartphone (Evidence No. 1) where the victim was exempted from the victim’s crypt, the Defendant taken the victim’s body against his/her will, by photographing the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of the investigation report (report accompanied by a certified copy of the expulsion);

1. Article 5 (3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act, Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.