A defendant shall be punished by imprisonment for not more than ten 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

No person shall take photographs of another person's body, which may cause sexual humiliation or sense of shame, against the latter's will, or provide the taken photographs thereof to another person by using a camera, etc.

1. Around 05:00 on September 17, 2018, the Defendant, at the Defendant’s house, had sexual intercourse with the victim D (tentative name, female, age 21) first met at the drinking house at the Defendant’s house, and took a photograph of the victim’s chest by using his cell phone camera, which was then exposed to the victim’s chest.

2. immediately after the date and time set forth in the preceding paragraph, the Defendant sent the victim’s balm photographs taken by using the “E” case with his cellular phone at the same place as above to the “E” account between the Defendant and the F of G, respectively, and provided them.

3. At around 06:00 on the same day, the Defendant used a mobile phone camera at the same place, and taken video images for about 10 seconds from the victim’s sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by witnesses D;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's office and the police's statement concerning D;

1. The police seizure record and the list of seizure;

1. Investigation report (the result of the digital siren analysis on suspect mobile phones);

1. E-transmission photographs;

1. The Defendant denies the crime that was not taken against the victim’s will, the victim’s voice recording CDs and sexually related video pictures were not taken.

However, the victim's statement is specific and consistent, and digital forensic appraisal of the defendant's cell phone also conforms to the victim's statement.

In addition, the photograph of the defendant with the consent of the victim appears to be a photograph of the victim's body while taking clothes using the victim's cell phone, and the victim first talks with the defendant on the day of the instant case.