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.

Punishment of the crime

1. On July 12, 2019, the Defendant: (a) after drinking alcohol with the victim C, a place of work, at the Dinindo located in B at night and around a night; (b) after drinking alcohol with the victim C, a person on the road of the victim; (c) reported the person on the road of the victim; and (d) had the victim intending to engage in sexual intercourse by taking advantage of the victim’s deceptive state.

At around 22:40 on the same day, the Defendant took the victim into the hotel E room of D hotel in Chungcheongnam-si, and exceeded the clothes of the victim who can enjoy in the bed in the bed with alcohol, and inserted the Defendant’s sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, and caused the victim to suffer from an influence of the number of days of treatment.

2. Around 00:05 on July 13, 2019, the Defendant had sexual intercourse with the victim under the influence of alcohol as referred to in the above paragraph (1) in the guest rooms of the said D Hotel E, and, after having sexual intercourse with the victim, taken a photograph of the victim’s telegraph and a part of the balthrogate using the galtho camera of S9 mobile phones during the Defendant’s possession of the Defendant, galthoth, in which the balthogle was revealed, and where the baltholine was exposed to the balthrogate, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. A statement recorded in the video CD with the victim C;

1. Application of Acts and subordinate statutes to seized articles, photographs, diagnostic certificates, and gene appraisal certificates;

1. Relevant Articles 301 and 299 of the Criminal Act concerning the facts constituting the crime, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using camera, etc. and choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;