A defendant shall be punished by imprisonment for one year.

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

From around 2017, the Defendant was aware of the relationship between the victim B (n, 19 years of age) and the victim B (n, 19 years of age).

On May 23, 2020, at around 02:01, the Defendant taken a video image of about 10 seconds against his will, using his personal telephone camera function, which was installed in the Kamera while having sexual intercourse with the victim, he was able to cover up to a breath state.

Accordingly, the defendant took photographs of another person's body against the victim's will, using the mobile phone camera function, which could cause sexual humiliation or shame.

Summary of Evidence

1. Application of the police statement seizure protocol against the defendant's legal statement B, the list of seized digital evidence analysis reports to the defendant and photographs, images of this case, the list of messages, and cellular phone coverage;

1. Article 62-2 of the Criminal Act on the observation of protection under Article 62-1 of the Criminal Act, such as Article 62-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes;

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 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56 of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 59-3 of the Welfare of Persons with Disabilities Act

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the accused, by photographing a sexual intercourse head with the victim by a brush video, has caused considerable mental shock and sense of sexual shame to the victim, and that the crime is less severe than that of the victim;

subsection (b) of this section.

The defendant's failure to receive a letter from the injured party is also an unfavorable circumstance.

However, under favorable circumstances such as the fact that the defendant has no record of criminal punishment, and the fact that the defendant seems to repent of his mistake, the age, sex, environment, family relationship, and motive and means of committing the crime.