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. On December 16, 2016, the Defendant and the claimant for an order to observe rape (hereinafter referred to as “Defendant”) sent the victim C (the victim 20 years of age) and the victim C (the victim 20 years of age) who were working at Pyeongtaek University as a scholarship student and drinking alcohol together at Pyeongtaek University around 21:00. On December 17, 2016, the victim got the victim to “Eel” located in Seo-gu, Daegu-gu, Daegu, Daegu, on December 17, 2016.

In the above Moel 205 room, the Defendant her mind to report the victim who is under the influence of alcohol and rape, was exempted from the clothes of the victim, brought the victim's sexual organ into the surrounding area of the victim, brought the victim's sexual organ into the victim's entrance, brought the victim's two legs over the victim's body, she divided the victim's two legs with the victim's hand on the part of the victim's body, led the victim to suppress the victim's resistance, and rape once.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant, at the time and place specified in paragraph 1, took photographs of the victim’s upper half of clothes out of clothes using the Defendant’s mobile phone with a camera function after committing the crime as above.

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. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing the photograph of the victim taken by the victim restored;

1. Relevant Article 297 of the Criminal Act concerning the crime, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using a camera and the choice of imprisonment with prison labor);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the aggravated punishment for concurrent crimes to the extent that the punishment is more severe than the punishment for rape as set forth in the Act on the Aggravated Punishment of Sexual Crimes plus the long-term punishment for the above two crimes].