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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was dead from March 26, 2015 between the victim C (n, 22 years of age) and the victim C (n, 22 years of age).
1. On May 29, 2015, the Defendant: (a) from around 02:15 to around 03:17, up to the victim’s house located in Daejeon Seo-gu, and (b) exceeded all the clothes of the victim by using the crepits in which the victim was able to sleep while drinking; and (c) inserted the victim’s sexual organ into the part of the victim’s sound and the part of the victim’s sound.
Accordingly, the defendant raped the victim by taking advantage of the state of resistance impossible for the victim.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);
A. At the same time and place as set forth in paragraph 1 above, the Defendant taken pictures using a cell phone of 6 mobile phones in which the Defendant inserted the Defendant’s sexual organ into the victim’s sound part and the resistance, which was drunkly in a state of resistance impossibility, and the part of the victim’s sexual organ, the victim’s negative appearance, and the part in which the chest was exposed.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with the camera function against his will.
B. On August 12, 2015, the Defendant taken photographs using a cell phone 6 mobile phone in which the part of the victim was locked by taking advantage of the gaps in which the victim was locked.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with the camera function against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to C;
1. Application of the Acts and subordinate statutes to a video sb, a photograph of a screen image or a photograph of a screen image and a result of digital evidence analysis, such as a report-to-visual recovery, and a video CD (Restoration file);
1. Article 299 and Article 297 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.