A defendant shall be punished by imprisonment for three years.

One cell phone (No. 1) seized shall be forfeited from the accused.

Punishment of the crime

1. 피고인은 2016. 12. 31. 01:20 경 서울 서대문구 G 빌라 204호 피고인의 집에서, 그 전에 함께 술을 마셨던 학교 선배인 피해자 H( 가명, 여, 25세) 이 술에 만취해 항거 불능인 상태를 이용하여, 그녀의 옷을 벗기고 입으로 피해자의 성기를 핥고 손가락을 음부에 집어넣고 피고인의 성기를 피해 자의 성기에 삽입하고, 피해자가 “ 아프다, 하지 말라” 고 애원하면서 기어서 도망을 가려고 하는데도 이를 무시하고 그녀를 붙잡고 항문에 성기를 삽입하였다.

Therefore, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance.

2. The Defendant taken four-time images of the body of the victim in the above date, time, location, and known body body using smartphone camera functions.

Thus, the defendant took photographs of another person's body, which may cause sexual humiliation or shame, against his will, using the camera.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, and J;

1. Reports on internal investigation (related to submission of conversations between victims and suspected victims), investigation reports (related to responses to reports on results of analysis of digital evidence), investigation reports (related to confirmation of damaged photographs of victims);

1. CCTV video CDs;

1. A gene appraisal report;

1. Application of the existing Acts and subordinate statutes to one mobile phone (No. 1) seized;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using a camera, etc. and the selection of a punishment of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the sum of the maximum term of the punishment prescribed for two severe quasi-rape crimes and the penalty prescribed for two crimes, is added);

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. An order of disclosure; and