A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant and the victim B (the age of 25) were in a petuous relationship, and they were in a petuous relationship around 2016.

On July 21, 2019, at around 14:00, the Defendant taken pictures of the victim of his sexual intercourse with the victim using smartphones while having sexual intercourse with the victim at the Defendant’s residence in Daegu-gu, Daegu-gu., the Defendant used smartphones.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. The chief of the accusation and the police statement concerning B;

1. A criminal investigation report (affixing pictures, etc. of sexual relationship taken by the accused in the future);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a report on results of digital evidence analysis);

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;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that require the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: an order to disclose or notify, the defendant's age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, order to disclose or notify, the degree and effect of disadvantage the defendant's admission due to the order to disclose or notify, the order to protect the victim, etc.