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

The defendant became aware of the victim B (n, 2, 3, and 1) at singing room and had a contact for about one year. On August 25, 2018, at the drinking house located in Gangnam-gu Seoul, Gangnam-gu, Seoul on August 25, 2018, the defendant drinkd with the victim while drinking together with the victim and drinking together with the victim, and the victim did not have a spirit.

1. Around 04:02 on August 25, 2018, the Defendant exceeded all the clothes of the victim, breathing under the influence of alcohol under CelD, and inserted the sexual organ into the part of the victim’s sound.

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 (Ameras), has sexual intercourse with the victim at the time and place specified in paragraph (1), and has taken the victim’s body once and taken a photograph of the victim’s body using the Defendant’s opphone X mobile phone camera function;

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame on two occasions by using a camera or other devices with similar functions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Seizure records;

1. Each request for appraisal (Nos. 7 and 8 of the evidence list);

1. Application of Acts and subordinate statutes to each investigation report (the verification of CCTV and the result of appraisal by countries and water);

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act regarding criminal facts, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment prescribed for the crime of quasi-rape with heavier punishment) among concurrent crimes;

1. Discretionary mitigation Criminal Act;