A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

1. Around 04:00 on April 21, 2016, the Defendant, while drinking alcohol together with the Defendant’s residence in Seocheon-gu, Seocheon-si C, with the Defendant’s victim D (n, 28 years of age) who was female friendly, she laid off her under the influence of alcohol by taking off the victim’s bar, her under the influence of alcohol, and had sexual intercourse once with the victim, and she raped the victim by taking advantage of the victim’s mental or physical condition or the state of failing to resist.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken pictures of the body parts of the victim who might cause a sense of sexual shame by taking pictures of the victim’s sexual organ and the Defendant’s sexual organ into consideration, at the same time, at the same time, and at the same place as above, using a cellular phone (proof No. 1) with a camera function while engaging in sexual intercourse with the victim, against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing a camera and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishment for the crime of quasi-rape prescribed in holding heavier punishment) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The Defendant’s age and occupation, social relation, type and motive of the crime, type of and motive for the crime, consequence of the crime, and the same kind of power as indicated in the records and arguments in this case, which are revealed through Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of