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

On February 16, 2019, at around 15:20, the Defendant used a gallon J5 smartphone camera in the Defendant’s gallon city, while driving away from the victim C (V, 17 years of age) who is shoppingized on the 15:20 Busan, Busan, the Defendant taken a dynamic image of the victim.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Photographs, cd, CDs;

1. Records of seizure and the list of seizure;

1. A report on investigation (as to attach CCTVs to the site);

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of digital forensic data) and CDs;

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

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

5. Where a conviction becomes final and conclusive on the facts of a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused constitutes 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, and thus, is obligated to submit personal information

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive for the crime of this case, method and result of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and sexual crimes subject to registration which can be achieved due to them.