A defendant shall be punished by imprisonment for six 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. On December 16, 2016, around 03:33, the Defendant: (a) placed the Defendant’s smartphone in his/her hand while having sexual intercourse with the victim B (V, 25 years old); (b) took the Defendant’s smartphone image on his/her hand; and (c) taken the screen image of the victim’s sexual intercourse with the victim.

2. On December 24, 2016, at around 04:40 on December 24, 2016, the Defendant taken a video image of the body of the victim, who was diving by enjoying it in the beds, at the visitors room located in the Gangseo-gu Seoul Northerndong, Gangnam-gu, Seoul.

3. On December 29, 2016, around 05:30 on December 29, 2016, the Defendant taken a film of a dynamics room located in Gangnam-gu Seoul Northern District, Seoul, in which the Defendant had sexual intercourse with the victim and had sexual intercourse with the victim in the same manner as that of paragraph (1).

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame on three occasions in total by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A criminal investigation report (a video CD taken by the person under investigation);

1. Investigation report (video CDs against any addition to criminal facts);

1. Application of seizure records and statutes concerning the list of seizure;

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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 to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure of this case’s order.