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

On April 23, 2017, the defendant, at the defendant's house located in Gwangjin-gu Seoul Special Metropolitan City around the new wall, carried alcohol at the defendant's house, living together with E, E, E's friendship F, E's workplace volunteer G (n, 23 years of age) and carried alcohol at the victim's house, and the F and the victim were locked in other rooms, and locked into the victim's room, under the influence of alcohol, they were locked into the victim's house, her breast, cut off the broth, her breast, cut off the broth, her breast, cut off the victim's mouth and clothes, and her part was her own sexual organ in the victim's hand.

The Defendant continued to have taken several images of the body of the victim who was off his clothes using smartphones.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sense of shame by using the victim's resistance impossible condition, and using the devices equipped with a camera function, and taken the victim's body against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A report on the investigation (on-site photographs) and a report on the investigation (on the cell phone of the suspect);

1. Each protocol of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act (a quasi-rapes) concerning the choice of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera and a choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [In addition, the aggravated punishment for concurrent crimes prescribed in the similar rape with heavy penalties (only to the extent that the sum of the long-term punishment for two crimes is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Special cases concerning the punishment, etc. of sexual assault crimes;