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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 18, 2016, the Defendant invadedd a structure with the intention of a commercial manager by inserting a cell phone with a camera function into “D” in Daegu Dong-gu, Daegu-gu, Daegu-gu, with the intent of female to photograph a studio by inserting mobile phones with a camera function. The Defendant entered the public toilet of the first floor of the building in question and intruded the structure against the will of the commercial manager.
2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) the Defendant entered the alteration column for male use at the above place at around 17:40 on the same day and tried to gather and photograph his/her cell phone under the upper side partitions of the victim E (V, 17 years old) who reported melting from the side partitions, but did so. However, the Defendant was discovered to the victim and attempted to do so.
Accordingly, the Defendant attempted to take photographs against his will, using a mechanical device with a camera function, of another person’s body which may cause sexual humiliation or sense of shame.
3. Around 17:45 on the same day, the Defendant may see the victim F ( South, 17 years old)’s act described in the foregoing paragraph 2 at the above place.
The term "" means a gate, a dangerous object, knife knife knife knife knife knife knife knife knife 7cm in total, 17cm in length) and threatening the victim to the chest side of the victim without any speech.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and E;
1. Records of seizure, list of seizure, written waiver of ownership, and evidence of seizure;
1. Application of Acts and subordinate statutes to each report on internal investigation and the attachment thereof (No. 2,3,5 through 9, 12 through 14, 19, 21, 23 and 26, the list of evidence);
1. Article 319 (1) of the Criminal Act (a point of intrusion on a structure), Articles 15, 14 (2), and 14 (1) (a point of using, photographing, and providing cameras, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the crime, and Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation);
1. Punishment;