A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On February 3, 2020, the Defendant: (a) around 03:00 on February 3, 2020, at the Defendant’s residence in Suwon B apartment C; (b) on the part of the Defendant, the victim D (in female, 30 years of age) took advantage of the victim’s condition where he was unable to resist because he was under the influence of alcohol and was able to resist; (c) committed an indecent act against the victim by taking advantage of his condition where she was unable to resist; and (d) taken the victim’s chest, tack, tack, and tack by taking advantage of the Defendant’s mobile phone image shooting function.

Accordingly, the defendant, using the victim's potential to resist, committed an indecent act against the victim, and taken the body of another person who may cause sexual humiliation or shame with the defendant's cell phone camera against his will.

2. Around February 7, 2020, around 22:50 on February 7, 2020, the Defendant was in front of the second female toilet in Namdong-gu, Incheon, Namdong-gu, Incheon, and entered the front of the 2nd female image of the Defendant’s mobile phone with a view to taking a melting image of the Defendant’s cell phone, and the victim F (V, 19 years old), and the victim G (V, 21 years old) took a melting image of the victims using the Defendant’s mobile phone recording function.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. F and a statement of the police officer in relation to F;

1. Application of the Acts and subordinate statutes to photograph CCTV images upon the results of the police seizure protocol, the investigation report on the list of seizure (victimD telephone conversations), the investigation report (victimD statement about the victim's protocol of statement) and the digital siren response;

1. Relevant statutory provisions on criminal facts, Articles 299 and 298 of the Criminal Act on the selection of punishment, Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply), Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion at a place for sexual purpose) (a point of intrusion by a public official), the selection of imprisonment for each of the types of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.