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 a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant first met the Victim E (V, 18 years old) who had danced in the “D club” in Daegu Jung-gu, while playing in alcohol.

1. On October 28, 2017, the Defendant, at around 04:00, exceeded all the clothes of the victim, who was drunk in Gelgu F, Daegu-gu, 802, while drunk, lost his/her consciousness and who can enjoy in the bed, and was placed in the victim’s face. The Defendant’s sexual organ inserted the victim’s sexual organ into the victim’s sound part, inserted the Defendant’s sexual organ into the victim’s face, and found the Defendant’s sexual organ into the victim’s face.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the fact that the victim is in an impossible state of resistance.

2. On October 28, 2017, at around 05:00, the Defendant took photographs of the body body pictures of the victim who lost awareness while under the influence of alcohol using the Defendant’s mobile phone at the heading room around 802, on the grounds that he/she took photographs of the body pictures of the victim, such as taking photographs of screen pictures showing the conspiracy of the victim by using screen apparatus kept in a toilet continuously, and taking photographs of the victim’s body pictures and three screen pictures, such as taking photographs of screen pictures showing the conspiracy of the victim by using screen apparatus kept in a toilet.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Investigation report (a CCTV analysis and CCTV attachment at a place where the crime occurred, a net time), investigation report (a CCTV confirmation, a net time 26th time from D clubs to the telecom), investigation report (a motion picture and photograph-off attachment, a net time 46th time), investigation report (a suspect's H dialogue attachment, a net time 48th time);

1. A photograph attached to each investigation report (each CCTV image photograph (No. 16, 26) of each CCTV image, the caps of video images and photographs (No. 47, a net time), the H dialogue (No. 49, a net time);

1. Application of the seized smartphones (bea 2)-one statute;

1. Relevant Article of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense (the point of quasi-rape).