A defendant shall be punished by imprisonment for not less than eight 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

1. 동영상 촬영 행위 피고인은 2019. 5. 초순경 서울 구로구에 있는 구로디지털단지역 부근 상호불상 모텔 불상의 객실에서, 클럽에서 만나 알게 된 성명불상의 여성인 피해자와 성관계를 하던 중 피해자가 피고인의 몸 위에 올라타 피고인을 등지고 성관계를 하고 있는 틈을 이용하여 피해자 몰래 소지하고 있던 피고인의 휴대전화 동영상 촬영기능을 켠 다음, 피해자가 나체 상태로 피고인과 성관계를 하는 장면을 동영상 촬영하였다.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using devices similar to the camera, against the will of the victim.

2. At around 02:05 on May 11, 2019, the Defendant taken pictures as above, and sent them to the Kakakao group hosting room where approximately five persons, such as B, participated in the sexually related video images with the victim who was kept in the Defendant’s cell phone, and reached the cell phone of B, etc.

Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to attach suspect evidence A, screen pictures, photograph CDs, reference witness B);

1. A report of investigation (specific date and time of crime);

1. Records of seizure and the list of seizure;

1. Evidence, videos and photographs of the suspect A;

1. Application of the CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

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

1. The punishment of sexual assault crimes and orders to provide community service and attend lectures;