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

At around 08:18 on December 29, 2018, the Defendant taken a photograph of approximately 6:5 seconds of the victim D, who was under influence of alcohol by mobile phone camera, and who was under influence of alcohol by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to D and E;

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 62-2 (1) of the Criminal Act regarding community service order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article 43

An order for disclosure or notification shall not be issued to the accused pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is affected by the order for disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

The defendant, on the grounds of sentencing, is drunk.