A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Around May 27, 2014, the Defendant, on May 27, 2014, taken a photograph of the victim’s name in an unfinite pattern, using the Defendant’s cellular phone device, from the stairs of a building where it is impossible to identify the number of times located in Incheon Mudo around 19:03 on May 27, 2014.

Accordingly, the defendant taken the body of the victim against his will, using a cell phone with similar functions as a camera, which could cause sexual humiliation or shame.

2. Around May 28, 2014, the Defendant, around 17:57 on May 28, 2014, took a photograph of the Defendant’s cellular phone, using the Defendant’s cellular phone, in subway No. 1 line Seoul located in Seoul.

Accordingly, the defendant taken the body of the victim against his will, using a cell phone with similar functions as a camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report;

1. Application of Acts and subordinate statutes to compilation photographs at crime scene;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service, or orders to take lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, 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 (no disclosure and notification of personal information shall be made, taking into account the age, family relations, and the outlines) is committed by the Defendant using mobile phones over two occasions for his/her sexual desire.