A defendant shall be punished by imprisonment for not less than three years and six months.

It is restored from the seized opon (No. 1) and the suspect mobile phone.

Punishment of the crime

1. Around 06:20 on July 1, 2018, the Defendant: (a) deemed that the victim C (a person under family name, leisure, and age 27) who met at a club located in the Gangnam-gu Seoul Metropolitan Government is unable to keep a mind by drinking; (b) on his/her own car, around 07:00 on the same day, the Defendant laid the victim’s body on the bed, lost his/her body on the bed, laid off, laid off his/her clothes, laid off his/her clothes, and inserted his/her sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental condition.

2. 정보통신망이용촉진및정보보호등에관한법률위반(명예훼손) 피고인은 2018. 7. 1. 06:53경 전항의 모텔에서 휴대전화로 인터넷 SNS어플리케이션인 ‘카카오톡’ 단체 대화방에 피고인과 알고 지내던 3명이 접속한 상태에서 피해자가 술에 취해 잠이 든 사진을 게시하고, 같은 날 17:15경 서울 강남구 F아파트 G호에 있는 피고인의 집에서 위 단체 대화방에 “ㅅㅂ몸매는 좋은데 나이30.. ㅅㅂ 허벌 ㅋㅋㅋ 나는 술도 많이 머거서 고추도 안슴 ㅋ섯다 허벌이라 죽음ㅋㅋ 아침에 존나하고ㅋㅋㅋ 입에다 개쌈 ㅋㅋㅋ ”라는 허위 내용의 글을 올렸다.

The facts charged of this case state that “the victim puts a false statement while putting a photograph that he was under influence of alcohol.” However, according to the evidence duly adopted and investigated by this court, it is difficult to recognize the same facts as the above facts charged, and even if this part is revised without the amendment procedure of indictment, it is difficult to view that the defendant’s exercise of the right of defense would be seriously disadvantaged. Thus, it is revised ex officio.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

3. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "ameras"), shall be punished by the aforesaid Act.