A defendant shall be punished by imprisonment for not more than ten 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 August 2015, the Defendant: (a) taken the image of the victim C (M, F, 47) by using a camera function located in the Defendant’s mobile phone, using the victim’s mobile phone function; (b) sent the victim’s personal body photograph taken by the victim’s husband to E via D message, on June 27, 2017, at around 18:56, the Defendant sent the victim’s personal body photograph taken by the victim’s husband at the same location as above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will, and sent the taken body to the husband of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Photographs of the victim;

1. Application of the Acts and subordinate statutes concerning the closure of the contents of each DNA conversation;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service or attending a lecture, the Defendant is 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

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to readily conclude that the registration of personal information and taking lectures for sexual assault treatment can result in the prevention of recidivism to a certain extent, and the type, motive, process, disclosure order, or notification order of the instant crime is likely to cause disadvantages to the Defendant.