A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

From February 1, 2018 to April 10, 2019, the Defendant served as a police assigned for special guard at a branch office in Gangnam-gu Seoul as a branch office in Gangnam-gu, Seoul, while the victims are between the Defendant and the workplace employees as the bank members.

At around 13:48 on February 15, 2019, the Defendant: (a) followed the victim D (n, 32 years of age) who was scambling the body before being scambling at the convenience room of the above branch; (b) stored the Defendant’s cell phone in the lower part of the victim’s body; (c) taken the Defendant’s cell phone by using the mobile phone camera function; and (d) taken the part of the victim’s scambine over four occasions in total from April 10, 2019, as indicated in the list of crimes.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes to a criminal investigation report (to attach a CD screen image and a photograph to the closure of a major part of the crime), a criminal investigation report, and a criminal investigation report;

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, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The defendant's crime of this case with reasons for sentencing under Article 48 (1) 1 of the Criminal Code is committed in light of the method, frequency, etc.