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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 18, 2019, the Defendant intruded into a toilet for women with the first floor of B building in the inner city around 22:44 on May 18, 2019 with a view to meeting his own sexual desire, such as photographing women's body, etc.
Then, the Defendant entered the side partitions of toilets for the use of the victim C (n, 18 years of age) with the victim C, followed the alone, and recorded the mobile phone (i.e., Aphone 8 and No. 1) of the Defendant who has the above-ro camera function as a mobile phone (i.e., Aphone 8 and No. 1) with the use of the video.
As a result, the Defendant intruded on toilets used by unspecified persons for the purpose of meeting sexual desire, and taken the body of a person who may cause sexual humiliation or shame by using a camera, etc. against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs, CCTV analysis reports, and investigation reports (to hear statements of victims);
1. Application of Acts and subordinate statutes on seizure records;
1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning criminal facts, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and each choice of imprisonment with labor, respectively.
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation, community service and order to attend a lecture, Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Where a conviction becomes final and conclusive on each of the facts constituting a sex crime subject to the registration to file for the registration of personal information under Article 48(1)1 of the Criminal Act, the Defendant shall obtain personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.