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

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

On June 23, 2019, around 00:08, the Defendant took a video image of the victim’s cell phone (ELG7, scamblinger: E) in which the Defendant had a cellular phone (ELG7, scamblinger: E) without obtaining the victim’s permission, and the cell phone of the victim’s sexual organ with his/her own sexual organ being taken two times with his/her sexual organ being taken by the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes, such as investigation reports (Attachment of results of a request for digital siren), reports on analysis of digital evidence, photographs photographing victims;

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, Article 60 (3) of the Juvenile Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of employment restriction, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, occupation, risk of recidivism, the motive, method, method, order of disclosure, order of notification, and employment restriction order, and the degree of disadvantage and anticipated side effects of the Defendant’s entry, which can be achieved therefrom.