A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. At around 10:00 on March 2013, the Defendant taken pictures using his smartphone cameras with the victim D (n, 28 years of age) who was under the influence of alcohol at the cross-disfluence in Daegu Dong-gu, Daegu, about 10:0, the Defendant took a bridge of the victim D (n, 28 years of age) who was under the influence of alcohol.

2. Around 03:52 on June 29, 2013, the Defendant sent the victim’s Kakaooox to the victim’s male-gu F, a photo taken at his own house located in Daegu-gu E, Daegu-gu, as described in the foregoing paragraph 1.

Accordingly, the defendant taken photographs of another person's body, which might cause sexual humiliation or shame, against his will, using a camera, and distributed the photographs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A report on internal history (Attachment of a photo), - one photograph;

1. Application of Acts and subordinate statutes to investigation reports (F investigation of witnesses);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Relevant Provisions concerning the facts constituting an offense and the Selection of Punishment, etc.

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. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is obligated to submit personal information

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered in light of the following: (a) the Defendant’s age is the primary offender; (b) the content and motive of the offense; (c) the degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information; (d) the prevention and effect of sexual crimes subject to registration that may be achieved therefrom; and