The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On September 2015, the Defendant taken pictures of the victim’s sexual intercourse with the victim D (M, 31 years of age) who was known to her from the main point of view, using his/her mobile phone, while having sexual intercourse with the victim D (M, 31 years of age) located in Suwon-gu, Busan.

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 of D;

1. Application of the Acts and subordinate statutes on the screen and E dialogue screen pictures after capturing a photograph of the motion picture;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) of the Suspension of Sentence becomes final and conclusive upon conviction of a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information to be registered, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, because the defendant is a person subject to registration of personal information under Article 42(1) of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, and motive for the instant crime.