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

Punishment of the crime

1. Around 19:20 on May 5, 2019, the Defendant, at the main point of “C” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, provided that the Defendant would drink the Victim D (tentative name, leisure, 19 years of age) who is an elementary school.

On May 5, 2019, at around 21:50 on May 21, 2019, the Defendant, at the male and female public toilets located in the first floor of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the building that is adjacent to the above main point, had the victim sitd while being under clothes in the above toilets, and caused the victim to do so, and had sexual intercourse with the victim who is in the state of non-performance by inserting the Defendant’s sexual flag off and panty.

2. Around May 21, 2019, at the toilets for the public use of men and women as described in paragraph (1) of this Article, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Kameras"), had sexual intercourse with the victim, and made the victim disclose his chest by raising the victim's chest, and taken photographs of the victim's chest seven times using the cell phone of the defendant inside the Kameras.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a cell phone with a camera, against the victim's will.

3. A quasi-Rape on May 5, 2019, around 22:25, 2019, the Defendant used the victim’s state of difficulty to resist, by inserting the finger hand into the part of the victim, who was not able to be drunk, in the stairs of the first floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, and inserting the finger hand into the part of the victim’s drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A CD as a result of analysis of suspect mobile phone pictures and digital evidence;

1. Protocols of seizure and list of seizures (Nos. 1 and 2);

1. Investigation reports (on-site CCTV investigation), investigation reports (on-site CCTV investigation results) and responses to requests for appraisal with the State and acceptance countries (Evidence List Nos. 10, 11), investigation reports (on-site digital siren results) and responses to requests for appraisal, the Acts and subordinate statutes applicable to requests for appraisal; 1.