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

On October 4, 2016, around the new wall, the Defendant found the victim E (31 years of age, female) who was drunk from his clothes in the guest room of the D hotel located in Daegu-gu Daegu-gu, and taken pictures of the victim’s body pictures with the cellular phone (Evidence No. 1) function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Recording records;

1. Photographs of the victim;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the victim's physical transfer, which had been potential under the influence of alcohol, is highly infringed on the legal interest of the victim, while the crime of this kind was committed without being involved in the crime even though it was under the suspension of execution, and the victim was taken by the defendant even though he was the speech of the her former female-friendly woman.