A defendant shall be punished by imprisonment for one year.

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

1. At around 07:00 on May 26, 2019, the Defendant: (a) exceeded, by hand, the victim C (n, 21 years old); (b) the victim C (n, 21 years old); and (c) the part, her mouth, and clothes under the influence of alcohol; and (d) exceeded, by hand, the victim’s sound, chest, and the part, etc. of a bridge.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) exceeded the clothes of the victim at the above time, at the above places, and taken photographs of the victim’s cell phone (opphone XS) of the Defendant’s cell phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes attached to investigation reports (the attachment of photographs of victims) and photographs;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case is an indecent act by cutting off the clothes of the victim who was under the influence of alcohol, and photographing the body pictures without the victim’s consent, and it is necessary to punish the victim with strict punishment in light of sexual humiliation or mental shock.

In addition, the defendant was unable to receive a letter from the victim.

However, the defendant recognized the crime of this case and opposed to the mistake, and the photographic material distributed to the third party.