A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who was a victim E (n, 27 years of age) and a person who had a relationship with a victim.

On September 27, 2017, the Defendant: (a) taken the body, chest, and sexual organs of the victim out of the clothes of the victim under influence of alcohol while working as the camera function of the cell phone, and taken pictures of the victim’s body, chests, and sexual organs with multiple images, while putting the Defendant’s fingers in the victim’s fingers during the victim’s sexual organ; and (b) taken the Defendant’s fingers in the victim’s fingers.

On September 28, 2017, at around 07:36, the Defendant continued to play a camera function in the “I” hotel located in Jeju H, and taken the back habits of the victim who was shower at his/her bath room.

As a result, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s “incompetence of resistance” that the Defendant was under the influence of alcohol.

The term "mental or physical loss" means a state in which normal judgment cannot be made with respect to sexual acts due to a mental disorder or food disorder, and the term "non-entry" means a state in which psychological or physical resistance is impossible due to reasons other than loss of the body or body.

The physical and mental loss of drinking constitutes a physical and mental loss, and even if the “non-fluence” of the facts charged is changed to the “easible mental and physical loss”, it is deemed that there is no hindrance to the defendant’s exercise of his/her right to defense. Therefore, it shall be changed

Using the state of the victim's sexual organ, putting the victim's fingers into the victim's sexual organ, and taking the body of the victim who may cause sexual humiliation or shame against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A victim statement of E;

1. Other closure photographs, etc. of each dynamic image (Evidence 8,11);

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;