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

1. On February 15, 2018, at around 02:00, the Defendant took a photograph of the victim’s sexual intercourse with the victim D (n, 25 years of age) via SNS in Songpa-gu Seoul, by using a camera attached to the Defendant’s cell phone while having sexual intercourse with the victim D (n, 25 years of age), against the victim’s will.

Accordingly, the defendant taken the body of another person against his will that could cause sexual humiliation or shame by using a cellular phone with the function of a camera function.

2. The Defendant, at the Defendant’s residence in Songpa-gu Seoul, Seoul E and 101 around 2016 to around 2017, took a image of the Defendant’s sexual intercourse with the Defendant via SNS using a “F” case installed in the Defendant’s cell phone by taking the Defendant’s cell phone images of the Defendant’s cell phone, and compiled 21 video clips that were edited as shown in the attached list of crimes in the name of the Defendant.

As a result, the Defendant displayed a photograph taken of another person’s body, which might cause sexual humiliation or shame, by using a cell phone with a camera function, openly against the will of the person to be taken.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. A criminal investigation report (request for digital evidence analysis and response), investigation report (the analysis of suspected images);

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 2(2) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.