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

On March 1, 2018, the Defendant taken pictures of the body of the victim against the victim’s will that could cause a sense of sexual shame by photographing the form of sexual intercourse with the victim D (name, bal, 20 years of age) who was a chain in the building B B in Daegu Northern-gu, Daegu-gu, and caused the victim’s sexual intercourse with the victim’s mobile phone camera function, and caused the victim to feel sexual humiliation. From that time until November 10, 2018, the Defendant taken pictures of the victim’s body against the victim’s will that could cause a sense of sexual humiliation over three times in total, such as the list of crimes, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D;

1. Investigation report (for the purpose of setting the date and time of crime), investigation report (for the results of digital evidence analysis, reporting and confirmation of restoration images);

1. Application of Acts and subordinate statutes on seizure records;

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); the selection of a sentence of imprisonment, etc., under the relevant provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

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. An employment restriction order;

A. As to the Nos. 1 in the holding: Article 3 of the Addenda to the Act on the Protection of Children against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Welfare of Persons with Disabilities Act

B. As to the crime Nos. 2 and 3 in the holding: Article 2 of the Addenda to the Act on the Protection of Children against Sexual Abuse (No. 16622, Nov. 26, 2019); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 17338, Jun. 2, 2020); Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (No. 15904, Dec. 11, 2018).