A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. At night, on July 12, 2016, the Defendant: (a) opened a gate that was not corrected and intruded at around 02:0, Kimpo-si, Kimpo-si, where the victim C resides in Kimpo-si, and the market price owned by the victim, which was located there, was a theft.

2. Around 02:10 on July 13, 2016, the Defendant infringed upon the residence of the victim, opening a gate that was not corrected, and entering the gate to which the victim was not corrected.

3. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took pictures using his mobile phone with a function in a camera function at the time and place mentioned in the above 2, and taking pictures of the telegraph of the victim who was divingd, using his cell phone with his arms and clothes therein.

Accordingly, the defendant taken a photograph of another person's body that may cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. Report on the results of digital evidence analysis;

1. Application of the Acts and subordinate statutes to photographs by cutting stud CCTVs and victim panty photographs;

1. Article 330 of the Criminal Act in relation to the crime (the point of larceny at night), Article 319 (1) of the Criminal Act (the point of intrusion upon residence) and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera);

1. Selection of imprisonment with prison labor for the crimes of selective residential intrusion on the punishment of sexual crimes, and violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, including the following circumstances and age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.