A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Justice] On September 25, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, injury, etc. in the Goyang Branch of the Jung-gu District Court (Seoul District Court), and completed the execution of the sentence on March 21, 2013.

【Criminal Facts】

1. Around 22:00 on July 22, 2013, the Defendant: (a) taken a part of the victim’s mobile phone owned by the Defendant, citing the victim’s bridge while drinking alcohol with the victim and drinking sexual intercourse; (b) on July 22, 2013, the Defendant rejected the victim’s refusal of drinking alcohol with the victim; and (c) taken a part of the victim’s cell phone with the Defendant’s cell phone.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. The Defendant, after having sexual intercourse with the victim at the time and place described in the preceding paragraph, committed assault, breathing, taking the victim’s face on the floor of hand, etc., and taking the victim’s bath, etc., during which the victim and the victim were dissatisfied with the payment problem, and took the victim’s cash 1.20,000 won on the part of the victim’s mouth and bank, etc.

Summary of Evidence

【Criminal Facts at the Time of Sales】

1. Partial statement of the defendant;

1. Partial statement of D;

1. Examination protocol of the accused by the prosecution (second time);

1. Statement by the prosecution concerning D;

1. Each police statement concerning D;

1. A criminal investigation report (security of suspect's cell phone camera storage photograph), each photograph (168-171 pages of investigation records), records of seizure, etc. (prior record on the market);

1. Results of prisoner search;

1. An inquiry report;

1. Application of Acts and subordinate statutes to investigation reports (suspect A criminal records);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the selection of imprisonment or imprisonment with labor), and the Criminal Act;