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

Punishment of the crime

On April 27, 2019, the Defendant: (a) was the captain of a university of the victim B (the age of 21); (b) was, at the time of the new wall C building in Busan Singu; and (c) at the E-house in subparagraph D, the victim had the intent to rape the victim who was under the influence of alcohol; (b) went off from the victim’s mouth and inner clothes; and (c) was raped by inserting his sexual organ into the part of the victim; and (d) took the body of the victim, without the victim’s consent, was taken against the victim’s will, such as taking photographs of the victim’s chest, parts, and rape of the victim who was in the physical state using his mobile phone camera function, and taking other devices equipped with similar functions, which may cause a sense of shame by using a camera or other similar devices.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of B and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a gene appraisal report (limited to attachment of photographs after photographing a screen, such as text messages sent by a suspect and his/her mother to the victim) and a criminal investigation report (request for appraisal and reply to the results) attached thereto;

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the crime, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera, and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;