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

On July 9, 2020, the Defendant, within Pyeongtaek-si apartment Cdong, operated a camera installed in his/her mobile phone, and taken the body part of the victim D (W, 17 years of age) who suffered the bridge by using the above camera on July 17, 2020, following the victim D (W, 17 years of age).

Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Application of the Defendant’s legal statement accusation report (CCTV investigation) - CCtv images and other closure photographs 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 Punishment, etc. thereof;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes Committed by an Order to Attend;

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 information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which may have an effect to prevent the recidivism of a defendant to a certain extent by registering personal information of the defendant and taking lectures in sexual assault treatment against him/her;

In light of other circumstances, such as the defendant's age, family relationship, family environment, and social relationship, the disadvantage and anticipated side effects that the defendant will suffer due to the disclosure order and notification order are significant, while the effects of sexual crime prevention, etc. that can be achieved by such order are relatively less likely to be stated. However, there are special circumstances in which the disclosure of the defendant's personal information may not be notified.

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, the defendant's mistake and reflects the victim.