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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

1. On April 7, 2020, at around 22:55, the Defendant was putting the Defendant’s cell phone into the window of the victim’s house, which was opened up with the fence of the Bara in which the victim C is residing in Eunpyeong-gu Seoul, Seoul.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) taken dynamic images between the victim, around 22:55:12, around 35, around 22:35, around 40 seconds, around 22:5:35, around 22:58:13, around 22:2:58:13, while putting the body of the victim who was seated on the floor of a bath room in order to cover his/her hands out with his/her cell phone by opening the gate of the victim’s dwelling at the time and at the place specified in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera more than three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (the result of attachment of field photographs and digital sirens on the cell phones seized);

1. Application of the Acts and subordinate statutes governing the CDs of seized mobile phones (Evidence 1) and the logs recorded and video glocks (Evidence 2) recorded;

1. Relevant legal provisions on criminal facts, Article 319(1) of the Criminal Act on the selection of a sentence (the points of intrusion upon residence), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and the choice of imprisonment with prison labor

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;