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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.
Reasons
Punishment of the crime
1. At around 00:30 on March 13, 2014, the Defendant taken a photograph of the victim’s face, body of the victim, and the face of the victim who committed an indecent act through the use of a camera function in his cellular phone with his own cell phone, with the victim’s face, body of the victim, and the face of the victim who committed an indecent act as seen above, by taking advantage of the victim’s condition where the victim D (n, 49 years of age) was unable to resist under the influence of alcohol, when the victim D was unable to resist, while under the influence of alcohol.
In this respect, the defendant taken the body of the victim against his will that could cause sexual humiliation or shame by taking advantage of the victim's inability to resist, and that might cause sexual humiliation or shame.
2. On March 13, 2014, the Defendant submitted a complaint to the effect that “Around February 13, 2014, 2014, the Defendant, at the port north-west Police Station, issued a false statement that D would have repaid the damage and borrowed 5 million won (5 million won) from the complainant, thereby punishing him/her for fraud.”
However, the Defendant filed a complaint, at around 18:00 on the same day, that: (a) the Defendant, who had multiple employees, experienced a sense of care, and was a donation of KRW 4.5 million without any condition, for the purpose of morale; (b) but (c) on the same day, the Defendant: (a) lent money to the Defendant that the said D would be hedging; (b) borrowed money to the Defendant; and (c) borrowed money that the said D would not have repaid the money; and (d) filed a complaint as if the said D was not repaid.
Accordingly, the defendant had the above D with the aim of having the D receive criminal punishment.
3. The Defendant who violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) and the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) filed a complaint against the victim, as provided in paragraph (2), within the room of 602, 07:0 on March 14, 2014 at the port of the Republic of Korea.