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

Punishment of the crime

1. Around 21:00 on January 3, 2017, the Defendant, at the Defendant’s house located in the Seoul Special Metropolitan City Gwangjin-gu DB01, provided that, at the Defendant’s house, he/she had been aware of through this week, he/she would drink the alcohol on two occasions at the victim E (at the age of 23, German nationality) and the first week at the main station around the house, and let the Defendant drink the alcohol on two occasions at the Defendant’s house.

On January 3, 2017, at around 22:00, the Defendant, while drinking in the above Defendant’s house, laid off the victim who is unable to hold his body properly at a small room, laid off the victim’s bar and clothes in a state of resistance under the influence of alcohol, laid off the victim’s bar and clothes in a state of resistance, and took off the Defendant’s bar and clothes, and had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. On January 3, 2017, the Defendant taken pictures against the victim’s will by using the cell phone camera of the Defendant, immediately after having engaged in sexual intercourse with the said victim at the above Defendant’s house, immediately after having engaged in sexual intercourse with the said victim.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using the cell phone camera function against his will.

3. Around January 3, 2017, the Defendant distributed photographs taken by the Defendant against the victim’s will by transmitting three copies of the above victim’s bareboat photographs jointly with the Defendant’s friendship, which were taken from the above Defendant’s house toilets on the same day as the preceding 2:40 on January 3, 2017, to the F organization hosting room jointly with the Defendant’s friendship.

4. On January 3, 2017, the injured Defendant engaged in sexual intercourse with the above victim, who was drunk at the above Defendant’s house, and then placed the victim at the bottom of the bed and off, and opened the face on the breath’s body.