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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 14, 2017, from around 01:00 to 03:00, the Defendant set up a cell phone of 608 heading in Suwon-si B, which is located in Suwon-si B, on the part of the Defendant’s cell phone, and took a visual image of the victim’s sexual intercourse with the victim D (n, 20 years of age) using the camera function of the aforementioned cell phone.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Photographss of the place where the defendant left a mobile phone, and the images of the message sent by the defendant and the victim;

1. A protocol of seizure and a list of seizure;

1. The message, on-site photograph, and photographic photograph of seized articles sent and received by the defendant and the victim;

1. Application of each CD-related statute to the video images of the defendant and the evidence submitted by the victim

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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a judgment of conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the Defendant 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 a related agency pursuant to Article 43 of the same

The exemption of the disclosure order or notification order is due to the age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, and the disclosure order or notification order.