A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 23, 2017, at around 11:00, the Defendant taken a shower image of the victim D (the name, the age of 22) within 302, “C” Maurbur 302, in Gwangju City, using the camera function of the phone 7 smartphone, and taken the image of the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s gram, and opened the said smartphone on the back table, and divided the video camera into a sexual relationship with the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation using the mobile phone camera function against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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

1. As for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, there is a record of the suspension of indictment against the defendant for the same crime, and the victim appears to have suffered a considerable sense of sexual humiliation due to the video taken by the defendant, etc., which is disadvantageous to the defendant.

However, there is no record of punishment against the defendant in addition to the juvenile protection case, the defendant shows an attitude that the defendant led to confession and reflect on the crime of this case, the victim expressed his intention not to punish by agreement with the victim, and the defendant stored or used the video separately.

The punishment shall be determined as per the disposition in consideration of the fact that there is no evidence to be viewed and other circumstances under Article 51 of the Criminal Act.

When a conviction on the facts constituting a sex offense subject to registration and submission of personal information becomes final and conclusive, the accused shall be punished for sexual crimes.