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

The defendant is a victim B (a person, female, 37 years of age) and a person who has taught for about three years from around 2015.

On September 2017, the Defendant taken pictures of the body of the victim using his cell phone camera function, while the victim was off from clothes under the influence of alcohol, at the Defendant’s residence located in the Busan Building C Building D, Busan, the date of which September 2017.

On November 2017, 2017, the Defendant taken a photograph of the television reported by the victim, using his cell phone camera function in the Defendant’s residence, which is located in paragraph (1) of this Article.

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. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. 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); the choice of imprisonment with labor, as to the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Social service businesses under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant is not suitable in the nature of the crime by photographing the victim’s secret image with a photograph of the victim or motion picture.

After the crime, the circumstances after the crime are not very good, such as threatening the victim with pictures or videos taken by the defendant and the victim.

However, the fact that the defendant does not want the punishment of the defendant by agreement with the victim, and the circumstances of the crime shall be taken into consideration.