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 two years from the date this judgment becomes final and conclusive.

Criminal facts

1. On April 20, 2016, at around 16:00, the Defendant, within the Defendant’s Fenz vehicle parked on the near road in Busan, Busan, in order to engage in rape by creating a victim G (V, 57 years of age) with the spirit of the past string, and dilution by inserting 1 eggs of a stroke (off of the number of stroke (strokes) prepared in advance, made the victim who is unaware of such circumstance flusing the stroke, thereby making the victim lose the spirit.

On the same day, the Defendant continued to engage in sexual intercourse with the victim who has lost his mind with “I” 505 at H in Busan J, Busan, and lost his mind in the Eastel at around 16:30 on the same day, and raped the victim who has lost his mind on one occasion.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On July 5, 2015, at around 21:00, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame against the victim’s will, as stated in Paragraph 1, which was locked after sexual intercourse, using the Defendant’s mobile phone, to take a photograph of the victim’s physical appearance against the victim’s will.

B. On April 20, 2016, at around 16:55, the Defendant taken the body of another person who may cause sexual humiliation or sense of shame against the victim’s will by taking a photograph of the body condition of the same victim who lost his mind after having been raped, as set forth in subparagraph 505 through 1 of “I” H located in Busan Jin-gu, Busan, and then lost his mind, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

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

1. A report on investigation (topstroke prescriptions and attaching a purchase receipt);

1. Report on investigation (the photographs and letters confirmed on the cell phone of the suspect);

1. Application of the Acts and subordinate statutes to photographs of mobile phones;

1. Relevant Article 297 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 297 of the Criminal Act;