A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Around January 2014, the Defendant taken pictures against the victim’s will to have his/her body from the Defendant’s home located in Seo-gu Daejeon, Daejeon, with a camera attached to his/her mobile phone, from the victim D (n, 21 years old) who was under the influence of alcohol, while under the influence of alcohol.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

2. On April 9, 2014, the Defendant sent a photograph of his sexual organ to the victim at the Defendant’s home located in Daejeon East-gu E and 202 on April 9, 2014 (obscenity using a communication medium) and a photograph of his sexual organ taken by the victim during conversations with the victim F (V, 20 years of age) and Kakakao Stockholm.

Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion by telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A copy of the message or a report on the results of digital evidence analysis;

1. Seizure records and investigation reports (with respect to the statement made to the victim D)

1. Application of the photographic Acts and subordinate statutes;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of obscenity using a communications medium, the choice of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing a camera and the choice of imprisonment);

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

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

1. Where a conviction against the accused who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused shall be governed by Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.