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

The Defendant was dead from around June 13, 2018 between the victim B (n, 34 years of age) and the victim B (n, 34 years of age).

On June 14, 2018, at Kimpo-si, Kimpo-si, Kimpo-si, 01:55, the Defendant taken the form of sexual intercourse with the Defendant using the Defendant’s mobile phone image shooting function in which the victim was sexually related with the Defendant.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.

Summary of Evidence

1. Legal statement of the witness B;

1. Each police statement made to B (including twice) and D;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Investigation report (Details of restoration of a domain);

1. The defendant and his/her defense counsel asserts that he/she has taken the form of sexual intercourse with the victim's consent.

On the other hand, the evidence duly adopted and examined by this court and the circumstances acknowledged by this court, i.e., ① the victim has consistently made a specific statement to the effect that “the defendant taken the sex image of this case against the victim’s will since the investigation agency to this court,” ② the victim, who is her husband, appears to have no reason to allow the defendant to take the sex image, ③ if the victim consented to take the sex image, such as the defendant’s assertion, then the victim was confirmed immediately after the photographing, and ④ the victim did not confirm the sex image immediately after the photographing of this case ④ The victim stated to the effect that “the victim was taken as a kind of insurance to be exempted from the obligation by showing the sex image of this case to him at the time when approximately one month elapsed after the photographing of this case.”