A defendant shall be punished by imprisonment for four 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 May 11, 2015, the Defendant taken the body of the victim O (n, 21 years old) who reported a change in the toilet by inserting the Defendant’s cell phone to the female toilet through a space between male toilets in Seo-gu Daejeon, Seo-gu, Daejeon, in a space between male toilets and the windows of male toilets.

As a result, the Defendant tried to take photographs of another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will. However, the Defendant did not take photographs of a part of the victim’s face, but did not commit an attempted crime because the physical part of the victim’s face was not taken, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement ofO and P;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of imprisonment;

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

3. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

4. The sentence shall be exempted in light of the following: (a) the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (b) the Defendant acknowledges and reflects all mistakes; (c) the victim and the Defendant agreed smoothly with the victim; (d) the Defendant committed an attempted crime; and (e) the Defendant is faithfully receiving mental and medical treatment; (d) however, the sentence shall be determined as ordered in consideration of the recidivism during the trial.