A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

The defendant is the father of the victim B (n, 18 years of age).

The Defendant: (a) knew of the fact that the victim was suffering from shower in his own toilets; (b) concealed the smartphone in the above toilets; and (c) had the victim show shower in the victim’s shower form using such smartphones; and (d) had the victim take the image of the victim’s shower in the above toilets on December 31, 2015, at around 23:00, the Defendant installed a smartphone (LG-LUU6800) owned by the Defendant in the three-face-to-face drain pipe at the Defendant’s toilet at the Defendant’s place of residence of the Gumi-si, 102 Dong-si, 101, and activated the video photographing function; and (b) had the victim show shower from the above toilets by making the victim “Saman as soon as possible” at the victim’s place of residence.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using smartphones, which are devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to the verification of digital evidence analysis data of seized articles);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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

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

1. The sentencing of the Defendant under Articles 16(2) and 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, sexual conduct and environment; the motive, background, means, methods and results leading to the instant crime; and the circumstances before and after the instant crime; and the overall sentencing conditions as indicated in the text of the order shall be determined.

The favorable circumstances: The defendant recognized the crime of this case and divided his mistake, and the defendant has no record of being punished for the same crime.