A defendant shall be punished by imprisonment for one year.

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

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, openly exhibit or screen the taken objects thereof.

1. On August 11, 2016, the Defendant taken the body of the victim, who might cause sexual humiliation or sense of shame, against his/her female will, by taking the back of the following: (a) the part of the victim D (the 23 years old) who sited in a bath in a breath state, from a vescence room located in the north-gu, west-gu, west-gu, west-gu, west-si; (b) the part of the victim’s body, which might cause sexual humiliation or sense of shame, by taking the back of his/her body from a cellular camera function, around August 11, 2016.

2. On March 11, 2017, around March 11, 2017, the Defendant displayed the victim’s body photograph taken by having access to the Defendant’s “F” account at the Defendant’s residence located in Seo-gu building 302, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Yan-gu, in a “total disclosure”; and displayed the victim’s body photograph as described in paragraph (1) in a “public disclosure”; thus, the Defendant openly displayed the victim’s body photograph so that it may cause sexual humiliation or sense of shame against the victim’s will to be seen by many, unspecified persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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. The community service order under Article 62-2 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 Crimes committed by the Defendant is not only to have the victim feel a sense of sexual humiliation without the victim’s consent, but also to have the victim known the victim’s identity by taking a photograph showing the victim’s face.