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

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

Punishment of the crime

In 2017, the defendant taken a brue image using a Handphone camera function, which the defendant possessed by the victim B (the 51-year old age), at the accommodation facility in Busan, the date of the 2017.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Partial statement of the witness B;

1. The police statement concerning B;

1. Application of the statute to C message [the defendant is deemed to have taken pictures of the body of the victim since the victim was killed], in full view of the situation within the accommodation facility and the images taken by the victim, the relationship between the defendant and the victim, and the C dialogue given by the defendant and the victim, although the defendant denies the crime, there is a concrete and consistent credibility of the victim's statement

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is not sufficient to commit a crime in which the Defendant taken pictures of the victim’s body against the victim’s will at the accommodation.

However, it is somewhat advantageous to the fact that the defendant did not have any history of criminal punishment and did not distribute photographs to third parties.

In light of these circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and consequence of the crime, the circumstances after the crime, etc., the sentence like the order shall be sentenced.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant shall be subject to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.