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

On November 22, 2019, the Defendant, at the Michuhol-gu Incheon Metropolitan City Burmo Lake room, taken a part of the victim’s burine image using a cell phone device in which the victim had a crepit of snow while playing sexual intercourse with the victim C (V, 22 years of age) who was in the process of teaching and sexual intercourse.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Kakao Kakao message-fabrics;

1. The application of Acts and subordinate statutes to investigative reports (the analysis of recording files submitted by a victim);

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Article 62 (1) 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 against Order to attend education

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, 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, the proviso to Article 56(1) of the Act on the Protection of Persons with Disabilities, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in full view of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, disclosure order, notification order, employment restriction order, etc., the degree and anticipated side effects of the Defendant’s disadvantage and side effects on the Defendant’s entry, the prevention of sexual crimes subject to registration that can be achieved therefrom, and the protection effect of the victims thereof, the reason for sentencing is deemed to be justifiable.