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

On May 1, 2017, the Defendant sought to take photographs of the body of the victim D (V) who was reporting a meltion in the side partitions using mobile phones from around 17:30 on May 1, 2017, at around 17:30, women’s toilets in the Jung-gu Daejeon metropolitan building, and from around 31, using mobile phones, the Defendant did not take photographs of the victim’s body. However, the Defendant discovered that the victim got out of his/her cellular phone with his/her own available partitions, and did not take photographs of the victim’s body.

Accordingly, the defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Legal statement of the witness D;

1. Three CDs accompanied by the transmission of a victim;

1. Application of each statute on photographs;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (applicable to the defendant who had no record of punishment for sexual crimes before the instant case, and thus, has a risk of recidivism or recidivism of sexual crimes against him/her;

It is difficult to conclude that the effect of preventing recidivism can be limited to the registration of personal information on the defendant and taking lectures in sexual assault treatment.

In light of all circumstances, such as the defendant's age, family environment, social relationship, etc., there are special circumstances that may not disclose and notify personal information of the defendant, such as the fact that the disclosure and notification order appears to be relatively less than the disadvantage and anticipated side effects that the defendant may sustain, and that the prevention effect, etc. of sexual crimes can be achieved by the disclosure and notification order.