The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From April 2017 to August 21, 2017, the Defendant had a relationship with the victim C (48 tax, female).

On June 15, 2017, the Defendant taken a photograph of another person’s body that could cause sexual humiliation or sense of shame by using a camera or other device equipped with similar functions, such as photographing the victim’s known body in body after completing sexual intercourse with the victim in the Gangnam-gu Seoul Metropolitan Government Hospital, using the Defendant’s smartphone image function.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (related to the submission of evidentiary materials of cellphone images);

1. As to the records of seizure and list of seizure (the defendant and defense counsel asserted that they have been taken with agreement with the victim.

However, the victim consistently asserts that the victim does not have the knowledge of the defendant's shooting at the time of June 15, 2017 or that he/she consented to the shooting.

The victim was in a relationship with the Defendant at the time of the victim’s occurrence, and the image taken up for more than 30 seconds, and the image taken up by the victim, but in light of the victim’s visual line, etc. in the video, the victim was aware of the fact that the victim had taken the Defendant’s photograph.

There is no evidence to support the fact that the victim was taken under the agreement with the victim at the time of photographing the video, or that there was an implied consent of the victim.

The evidence reveals that the defendant taken the victim's body against the victim's will as stated in the facts charged.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Confiscation Article 48(1)1 of the Criminal Act No. 1.