A defendant shall be punished by imprisonment with prison labor 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

1. At around 03:00 on July 14, 2018, the Defendant: (a) while drinking and diving together with the victim C (23 years of age) who was a late-year community of the Defendant’s room located in Gyeyang-gu Incheon Gyeyang-gu, the Defendant: (b) reported that the victim was under the influence of alcohol; and (c) took off the victim’s fright and panty with his hand; (d) frighted the victim’s sexual organ; (c) frighted the victim’s sexual organ; and (d) frighted the victim’s sexual organ, frighted the victim’s sexual organ; and (d) frighted the victim’s cright and panty.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance to resist and the state of mental disorder.

2. The Defendant taken photographs of the shape of the Defendant’s sexual intercourse using the Defendant’s Samsung Galthothographic camera shooting function of Samsung Galthographs of the 8 mobile phones at the time and place mentioned in the foregoing paragraph (1) on two occasions, when he committed an indecent act against the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant statutory provisions on criminal facts, Articles 299 and 298 of the Criminal Act’s choice of punishment, and Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Confiscation duty to register and submit personal information under Article 48(1)1 of the Criminal Act;