A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant returned to the victim B (n, 18 years old) and from February 2020 to April 2 of the same year.

On March 15, 2020, from around 03:00 to 04:00 on the same day, the Defendant taken visual images of the victim’s body parts, etc. using the rest of the victim’s cell phone camera function in the Daejeon Seo-gu, Daejeon-gu, where the victim had sexual intercourse with the victim, using the rest of the victim’s cell phone camera function.

Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); the selection of a sentence of imprisonment, etc.

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. As to the assertion of the defendant and his/her defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act, the defendant and his/her defense counsel had taken pictures with the consent of the victim.

The argument is asserted.

The following circumstances, which can be comprehensively acknowledged by the above evidence, i.e., ① the victim consistently stated in the investigative agency to this court that “no consent to the photographing of the images” was given, and ② the content of the Kakakao Stockholm conversation between the defendant and the victim correspond to the above statements by the victim (the victim has a big error that was found in video).

“The Defendant asked the victim,” and the Defendant only speaks to the effect that “the victim is not an unclaimed one,” and did not speak to the effect that “the victim gave his consent”). ③ The Defendant taken the victim’s b body photograph with the victim’s consent, and then the victim took it.