A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

The defendant was a commercial employee of the victim C (a family name, a female, 33 years of age). After having a meeting with his employees, the victim, who was drunk, went to the Diveel located in Young-gu in Suwon-gu.

1. Quasi-Rape Defendant: From May 19, 2016 to May 23:10

5. At around 01:47, 201. Darmo 201, the victim’s clothes, which were in a state of non-fluence due to drinking, was discharged from all the clothes of the victim, and the victim’s fingers were collected in several parts of the sound of the victim.

Accordingly, the Defendant committed similar rape by taking advantage of the state of the victim who was unable to resist by drinking.

2. The Defendant took photographs of the victim’s body and the victim’s negative photograph by using a camera installed on the cell phone owned by the Defendant at the above date, time, place, and by using the camera installed on the cell phone owned by the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using a device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Statement of police seizure;

1. Each police investigation report;

1. A gene appraisal report and a legal chemical appraisal report;

1. Application of each of the victim's photograph, F message, etc., one copy of the victim's body, and one copy of the sound photograph, and one CD storage (victim's photograph) of the cell phone restoration;

1. Relevant Articles 299 and 297-2 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 occupation of photographing a camera and the choice of imprisonment);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment of each of the crimes above, which are heavier than the punishment);

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. An order to attend a course of sexual crime;