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

Punishment of the crime

The defendant, who had been aware of the victim B (n, 20 years of age) and about one year prior to his residence, was able to drink together with the victim and the branch C, and locked together with the victim and the branch C.

1. From around 06:00 to around 07:09 on November 24, 2019, the Defendant: (a) left the victim’s pande and pande and pande and pande and inserted panty into the part of the victim’s pande and panty in his residence located in the Namdong-gu Incheon Metropolitan City.

Accordingly, the Defendant had sexual intercourse with the victim who was under the influence of alcohol and was unable to resist.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (for the purpose of photographing a camera, etc.), took advantage of the Defendant’s mobile phone camera function at the same time and at the same place, taken a picture of inserting the victim’s sound to his fingers and inserting his sexual organ into the victim’s fingers.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Report on the results of analysis of digital evidence of the police's written statement on the defendant's legal statement B, and the result of a digital siren answer to the data screen;

1. Application of Acts and subordinate statutes to the records of each seizure report, the internal report on the list of seizure, the report processing of reported cases, the Kakakao Kakao Stockholm conversation, to the gene assessment report;

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning criminal facts, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202) (amended by Act No. 17264, May 19, 202; choice of imprisonment);

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be added to the maximum term of the crimes of quasi-rape which are heavier than that of the above two crimes]