A defendant shall be punished by imprisonment for not less than one year and six 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

On September 16, 2019, at around 16:10 on the 19th 19th 16:10, the Defendant taken a screen image of the Defendant’s smartphone, using the Defendant’s smartphone function, in which the victim D (V, 38 years of age) entered from the public toilets of the first floor in Daegu Dong-gu, Daegu-gu, and the Defendant used the Defendant’s smartphone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Field photographs and written statements (D);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on a letter of request for digital evidence analysis;

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. Probation under Article 62-2 of the Criminal Act;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act, the Defendant is subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to

Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, degree of disadvantage the Defendant suffers due to an disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc.