A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person who has been in a relationship with the victim B (n, 30 years of age).

1. On February 21, 2020, at around 06:06 on February 21, 2020, the Defendant: (a) applied the victim’s chests to the guest room located within the Seodaemun-gu Seoul Seo-gu, Seodaemun-gu, Seoul, and made the victim’s chests under the influence of alcohol and was exposed to each other; and (b) taken the victim’s chests by using smartphone’s camera function in his possession.

2. Around 09:03 on March 1, 2020, the Defendant, within the Defendant’s car that was in operation of the Gangnam-gu, Yongsan-gu, Seoul, Seoul, the Defendant taken a photograph of the victim’s spawn by using the camera function of smartphones owned by the Defendant, who was seated by the victim, as a video image, in the Defendant’s car where he was in operation of the Gangnam-gu, Seoul, Yongsan-gu, Seoul.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame over two times in total against the victim's will.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Application of each police seizure protocol, the list of seizure, the detailed list of electronic information (related to illegal photographing images of a suspect), the examination report, and the Acts and subordinate statutes to capture illegal photographing images;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of a sentence

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to attend lectures or Order to provide community service, Article 62-

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and