A defendant shall be punished by imprisonment for one year.

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

At around 22:30 on May 7, 2019, the Defendant opened a toilet window at the residence of the victim C (V, 14 years of age) in Goyang-gu B and took a photograph of the body, etc. of the victim who was off his clothes using his mobile phone camera functions.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Existing existence of seized mobile phone apparatus (Galaxy No. 5)(No. 1)

1. Application of two Acts and subordinate statutes to the residence of the victim and the restoration image of the victim;

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;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities where a conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered.