A defendant shall be punished by imprisonment for not less than eight 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

1. On August 22, 2015, the Defendant intrusiond the victim’s residence by carrying out the plan through windows in a narrow channel beyond the victim’s wall in order to capture the victim’s body after going through the victim’s residence, around 00:00, when the victim D (n, 20 years of age) located in Jinju-si, and in order to take the victim’s body after going through the victim’s residence, the Defendant invadedd the victim’s residence.

2. In violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of cameras, etc.) Defendant taken the victim’s body against his/her will, at the time and place set forth in the above paragraph 1, by photographing the victim’s camera function with smartphones with the inside of the body of the victim, which could cause a sense of sexual shame by using smartphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the results of analysis of digital evidence;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of the seized evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 319 (1) of the Criminal Act;

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

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

1. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;

1. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under Article 48(1)1 of the Confiscation Criminal Act, the type, motive, process, consequence and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of protecting the victims, etc.

Since it is determined, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be ordered to disclose to the accused.