A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 18, 2015, the Defendant taken a screen of approximately 45 seconds of the victim D (V, 24 years old) waiting buses using his mobile phone camera function at the bus stops located in Northern-gu B, Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul.

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. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Submissions of results of digital evidence analysis, and reports on results of digital evidence analysis;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant legal provisions concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of elective Sexual Crimes, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 49(1) main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the crime of this case is not likely to be committed by photographing a specific body part without the victim’s consent. The defendant was punished with the same force several times, and in particular, he/she again committed the crime of this case only for two months after he/she was sentenced to a fine for violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on September 15, 2015.

However, the punishment shall be determined as per the order in consideration of favorable circumstances, such as the fact that the defendant was dead to commit a crime and reflects the depth of the mistake.

Where a conviction becomes final and conclusive on the crime of this case, the defendant who is registered with personal information shall be subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.