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

1. From around 00:00 to 04:00 on September 3, 2019, the Defendant had sexual intercourse with the Defendant’s female-friendly job offers victim D (n, 50 years of age) at the Seoul Special Metropolitan City, Nowon-gu apartment, and the Defendant’s house located in the Defendant’s head, and took two photographs of the Defendant’s body photo using the Defendant’s smartphone, which was the victim under the influence of alcohol, using the Defendant’s smartphone.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a mobile phone camera against his will.

2.(a)

At around 11:00 on September 3, 2019, the Defendant sent a copy of the victim D’s sound photograph taken using the Defendant’s smartphone to E, who was aware of his gender, in the same place as the above paragraph 1, and was in a fluencing relationship with the victim D, and sent a text message to E who was aware of his gender.

B. At around 13:10 on September 5, 2019, the Defendant sent one copy of the victim D’s telegraphic body photo taken by using the Defendant’s smartphone to the above E via text messages at the same place as the above paragraph (1).

In this respect, the defendant provided a photographic recording of the body of a person who may cause sexual humiliation or sense of shame by using a mobile phone camera twice against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation report (related to the submission of photographs of victims on the cell phone text messages for reference);

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on the body of victims restored by a response to a request for appraisal, a State and a digital siren;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes for the Crimes, Article 14(2) and (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14(2) and (1) (a) of the Act on Special Cases concerning the Punishment, etc.