A defendant shall be punished by imprisonment for six months.

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

On August 4, 2018, at the Cpark parking lot located in Kimhae-si B, at around 22:30, the defendant found out that the victim D (not stating the personal information omitted) performed sexual intercourse with a female-friendly body in the vehicle of the victim parked in that place, and taken photographs of the body of the victim who gets off his cell phone camera from his cell phone camera while doing sexual intercourse against his will.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (whether or not the victim involved in the crime is confirmed);

1. Police seizure records and reports on the results of analysis of digital evidence;

1. Results of vehicle inquiries;

1. Application of each photograph (Nos. 4, 5, and 19) (Evidence List Nos. 4, 5, and 19) and vehicle black and video CD-related statute;

1. Article 14 of the relevant Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) that are applicable to the option of punishment for sexual crimes;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Defendant has no record of criminal punishment for sexual crimes prior to the instant case; it is difficult to view that the possibility of recidivism in the future is significant even in light of the background, method and consequence of the instant crime

In addition, it seems that only the order to register personal information on the defendant and attend the lecture for sexual assault treatment can prevent recidivism to a certain extent.

In addition, the defendant's age, occupation, environment, family relationship, social relationship, and this case.