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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A similar rape: (a) on December 17, 2016, the Defendant: (b) promised to engage in sexual traffic on the front side of the G Kakn-gu, Suwon-si, Suwon-si (hereinafter “E”), and (c) was on the top of the G Kakn-si, which the Defendant was driving, on the top of the G Kakn-si, the Defendant parked the said Hak-si and then parked in the G H apartment parking lot around 07:30 on the same day; and (d) said, the Defendant was willing to pay the price for sexual traffic to the victim.
하면서 성관계를 하려고 하였으나 피해자가 ‘ 돈을 먼저 주지 않으면 성관계를 할 수 없다’ 고 이를 거절하면서 가버리려고 하자, 갑자기 욕정을 일으켜 피해 자의 위에 올라 타 피해자의 반항을 억압한 다음 강제로 피해자의 원피스 치마와 팬티 속옷을 벗겨 내고 피해자의 가슴과 목 부위 및 성기를 혀로 핥고, 손가락을 피해 자의 성기에 넣고, 피해자에게 피고인의 성기를 빨라고
forced the victim to refuse to do so, and the victim refuses to do so;
Welves
“Intimidating the victim,” the victim made the victim prompt, so that the victim was sexually fluent.
Accordingly, the defendant, through violence or intimidation, put the defendant's sexual organ into the mouth of the victim, and put a part of the body body in the victim's sexual organ.
2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing a camera, etc.) the Defendant taken pictures of the body against the victim’s will while engaging in any similar rape at a temporary place as referred to in the preceding paragraph, using smartphone camera (Evidence No. 8).
Accordingly, 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.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. A protocol of seizure, a photograph of seized articles, and each investigation report (the person so accused);