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

1. On May 4, 2016, around 18:22, the Defendant: (a) discovered a female victim who was unable to know his/her name being colored on the test color on the first floor “E” store underground of the building located in Seocho-gu Seoul Metropolitan Government, and took a video recording of approximately 2 seconds of the victim’s body part of the body body in the victim, using the cell phone camera function.

2. At around 18:25 on the same day, the Defendant, using the cell phone camera function of the victim, who discovered the victim F (n, 17 years of age) at the same place, taken a video recording of the victim’s body parts at approximately 3 seconds, including the victim’s body parts.

3. At around 18:27 on the same day, the Defendant, using the mobile phone camera function of the victim, who discovered and possessed the victim G (n, 17 years old) at the same place, taken a video recording of the victim’s body parts, which was about 3 seconds after the victim’s death.

Accordingly, the defendant taken the body of other persons who may cause sexual humiliation or shame using a mobile phone with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of G and F;

1. A report on internal investigation (on-site CCTV verification);

1. Application of photographic Acts and subordinate statutes after closure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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 (The following favorable reasons for sentencing) shall be suspended from execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) even around March 22, 2016, there was a record of having committed the same kind of crime, and (b) a fine of KRW 3 million was imposed on June 15, 2016, and (c) the Defendant was able to take the preference against the Defendant by agreement with the F.