A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 15, 2018, at around 10:16, the Defendant exceeded the victim D (64)’s clothes and sited inside a bath in C male bath located in Cheongdo-gun B, Cheongdo-gun, and taken a photograph of digital camera.

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. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the victim;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of photograph (Evidence 12);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into account that there is no criminal history, and photographed images do not spread, on condition that a reasonable time community service and a lecture for treatment of sexual assault be taken;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to attend a lecture;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse, a defendant is 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, disclosure order or notification order, and the degree and consequence of the disadvantage of the defendant.