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

1. On May 4, 2016, around 18:22, the Defendant: (a) discovered a female victim who was unable to know his/her name being colored on the test color on the first floor “E” store underground of the building located in Seocho-gu Seoul Metropolitan Government, and took a video recording of approximately 2 seconds of the victim’s body part of the body body in the victim, using the cell phone camera function.

2. At around 18:25 on the same day, the Defendant, using the cell phone camera function of the victim, who discovered the victim F (n, 17 years of age) at the same place, taken a video recording of the victim’s body parts at approximately 3 seconds, including the victim’s body parts.

3. At around 18:27 on the same day, the Defendant, using the mobile phone camera function of the victim, who discovered and possessed the victim G (n, 17 years old) at the same place, taken a video recording of the victim’s body parts, which was about 3 seconds after the victim’s death.

Accordingly, the defendant taken the body of other persons who may cause sexual humiliation or shame using a mobile phone with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of G and F;

1. A report on internal investigation (on-site CCTV verification);

1. Application of photographic Acts and subordinate statutes after closure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following favorable reasons for sentencing) shall be suspended from execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) even around March 22, 2016, there was a record of having committed the same kind of crime, and (b) a fine of KRW 3 million was imposed on June 15, 2016, and (c) the Defendant was able to take the preference against the Defendant by agreement with the F.