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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.
Reasons
Punishment of the crime
1. Around March 10, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken a video image image of the victim’s sexual intercourse with the victim who was first sexual intercourse at the club in Jongno-gu Seoul, Jongno-gu, Seoul, with D (Gain, 19 years old) of the victim’s first sexual intercourse with the victim at the club on the same day, notwithstanding the victim’s opposition, in spite of the victim’s opposition.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.
2. The Defendant, at the same time and immediately after the same time as in the preceding paragraph, she did not frighten with the victim for reasons that the victim did not show a mobile phone text message at the same place, and she did not attend the victim’s buck, knenee, knee, and knee, etc., and added the victim’s sexual organ into the part of the victim’s knebbbs, kne, knee, kne, etc. to drinking by drinking the victim’s buck, so that the victim’s bucks were forced to put the victim’s bridge into a kne, knee, and kne, and repeated by inserting the victim’s kne to the victim’s kne in order to force the victim’s sexual intercourse again.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police protocol of statement of victim D and E;
1. A written statement of the victim;
1. Records of seizure and the list of seizure;
1. A medical certificate;
1. Three copies, respectively, of a written request for appraisal, reply and appraisal;
1. A report on investigation;
1. Three copies of a camera and motion picture CD, and one CD for CCTV images;
1. Application of Chapter 17 of the Acts and subordinate statutes to photographs of victims;
1. Article 297 of the Criminal Act applicable to the crime, the choice of punishment, and Article 14(1) camera of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018).