A defendant shall be punished by imprisonment for six 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

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 any similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen the photographs thereof.

Nevertheless, the Defendant, at around October 22, 2016, had sexual intercourse with the victim (here and minor) who was unable to know his/her name at a mutual influence room where his/her address is unknown, and had taken another person’s body, which may cause sexual humiliation or sense of shame, by photographing him/her with his/her cell phone with which he/she was hidden in advance, against his/her will, and attempted to take or take a image of his/her sexual intercourse on six occasions from around that time to September 16, 2017, by the same method as indicated in the list of crimes, but intended to take or take a image of his/her sexual intercourse between him/herself and the other person’s sexual intercourse on six occasions, as described in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment and analysis of images submitted by the victim), investigative report (the Nowon-dong image submitted by the victim), investigation report (the confirmation of the results of digital evidence analysis reply), investigation report (the analysis of the same file with respect to the same images) and investigation report;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. As to the defendant's assertion of Article 48 (1) 1 of the Criminal Code of confiscation and its related thereto.