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.

Punishment of the crime

The defendant and the victim C (the family name, the female, the age of 31) were dead from January 2012 to September 2014.

1. The Defendant, in committing a crime at the victim’s residence (mout: D), committed a sexual intercourse with the victim at the victim’s residence in Yacheon-si, Ma, without the victim’s consent, taken a video recording of the victim’s sexual intercourse with the victim, using his/her portable telephone camera function, and continuously taken the image of the victim’s sexual intercourse with the victim in the same manner.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

2. The Defendant, in committing a crime at an insular telecom (F), took a video image of a sexual intercourse with the victim at an insular telecom located in 2014, without obtaining the consent of the victim, while having sexual intercourse with the victim at the insular telecom.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. The legal statement of the witness C;

1. The victim's sexually related video storage CDs;

1. The photograph of the victim’s text message to the effect that the defendant did not photograph the video of this case, and that he was not a male from the video of this case. However, according to the evidence duly adopted and examined by the court, the facts charged are sufficiently recognized.)

Application of Statutes

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 for the crime;

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 (The following circumstances are considered in favor of the reasons for sentencing).