A defendant shall be punished by imprisonment for 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

On October 21, 2019, at around 10:57, the Defendant, at the elevator of the unit B building 1 in Ansan-si, Asan-si, and after the victim C (n, 21 years of age) who gets on the same floor, the Defendant, a smartphone, operated a gallon 10 screen of moving pictures, which is the Defendant’s smartphone, and taken the body of the victim’s body by being pushed down under the body of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to cut CCTV images;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused 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 the competent agency

In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information or restrict employment. Thus, the Defendant is subject to the punishment of sexual crimes.