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

No person shall photograph the body of another person, which may cause sexual humiliation or sense of shame, by using a camera or other similar mechanism, against his/her will.

Nevertheless, at around 18:40 on May 3, 2019, the Defendant, in a male and female public toilet “CPC room” located in Gumi-si B, and entered a cleaning tool that is adjacent to the front partitions for the purpose of photographing any melting any melting the melting of the cPC, and operated the Defendant’s mobile phone camera image function, and took a picture of the victim D (personal name, boom, and 21 years old) by inserting a mobile phone in a space between the partitions and the tent.

Accordingly, the defendant taken the body parts that may cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Police seizure records;

1. On-site photographs;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) and the choice of imprisonment

1. The main sentence of Article 62 (1) of the Criminal Act;

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 Probation or Order to

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the grounds are examined as follows in the grounds for sentencing);

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Suspension of indictment by doing public performance and obscenity for the reason of sentencing under Article 48(1)1 of the Criminal Act.