A defendant shall be punished by imprisonment with prison labor for up to six 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 February 16, 2019, the Defendant: (a) around 02:10 on February 16, 2019, around Seo-gu Incheon, Seo-gu B hotel C, and (b) around 27 years old, the Defendant, under the influence of alcohol, had been drinkinged with the victim D (the victim’s age 27) who was divingd in the beds, and had a view to committing an indecent act against the victim by drinking the victim’s injury.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant continued to be in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras”) and in the same time and place as described in paragraph (1), took pictures of the body of the victim in a dynamic image with a view to photographing the body of the victim in a dynamic, and taking pictures of the body of the victim with a view to gathering the body of the victim by using a camera inserted in an Arabic phone in his possession.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning the closure of a crime image;

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing against a doctor and the choice of imprisonment);

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; 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

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 48(1)1 of the Criminal Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.