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.

Punishment of the crime

The Defendant is a school restriction relationship from the end of October 2016 to March 17, 2017 when serving in the same company as the victim D (n, 27 years of age, household name).

1. Quasi-rape on March 5, 2017, at around 13:00, the Defendant: (a) was off the victim’s fright and panty in the family of the victim of the E-Gu building 403, Seo-gu, Northern-si; (b) was under the influence of alcohol; and (c) inserted the Defendant’s sexual organ into the victim’s sound book once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took a photograph of the victim for about 30 seconds, using the Defendant’s mobile phone image recording function while rapeing the victim as set forth in the above paragraph 1 at the time, place, and as set forth in the above paragraph 1, using the Defendant’s mobile phone image recording function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

3. Around March 19, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent the same video file to the victim using a mobile phone, which was taken by the Defendant in the Defendant’s residence as indicated in the foregoing paragraph 2 on March 19, 2017, and sent to the computer monitor the “a screen image taken by the damaged party in the course of his/her entrance into the Defendant’s sexual organ” by reproducing the “a screen image taken by the damaged party in the course of his/her entrance into the Defendant’s sexual organ,”

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion using communications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of statutes, such as F message data;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Sexual crimes under Articles 299 and 297 of the Criminal Act and Article 297;