A defendant shall be punished by imprisonment for two years.

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

1. Around April 8, 2015, the Defendant: (a) exceeded the clothes of the victim E (V, 23 years old) under the influence of alcohol at the Defendant’s house located in Daejeon Seo-gu, Daejeon, Daejeon, 303; and (b) included the chest and fluor in the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, taken photographs of the victim’s body using his cell phone while having sexual intercourse with the victim at the same time and place as the above paragraph (1).

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report (related to the Materne investigation);

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the crime, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing 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 (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment of the crimes concerning quasi-rape heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.