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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant thought that the Defendant’s victim D (Gain, Gain, 39 years old), who is a work partner, was able to take a balthic image by setting the Defendant’s mobile phone equipment, which is carrying out the function of photographing videos in the 2nd female toilets in Isan-si, Seoul-si.
1. On December 7, 2018, at around 12:05, the Defendant intended to photograph the Defendant’s mobile phone apparatus, which had the function of photographing videos in the above toilets, against his/her female will, by means of hiding the body body of the victim, including the body body of the victim, who was melted by means of hiding the body between the cremation site in the above toilets. However, even if the victim showed melting the body at the above location, he/she failed to disclose the body and failed to perform such intent.
2. On December 8, 2018, the Defendant taken pictures against his/her female’s will, around 08:53, a physical part of the victim’s body, such as her tur, tur, etc., who had been melted in the above toilets in the same manner as the mentioned in the preceding paragraph, which could cause sexual humiliation or shame.
3. At around 09:30 on December 10, 2018, the Defendant tried to take photographs of the body parts, including the body parts of the victim, who had melted in the same way as described in 1.1, against his/her will, which may cause sexual humiliation or shame, including the body parts of the victim, which were melted by the same method as described in 1. However, the Defendant did not take the body parts of his/her cellular phone against his/her female will, but did not take the wind which might have been caused by a cremation paper, etc., which was placed in his/her surrounding area,
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A report on the analysis of digital evidence;
1. Application of Acts and subordinate statutes to screen pictures following a video closure;
1. Article 15 and Article 14(1) of the Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply) applicable to criminal facts and Articles 15 and 14(1) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201).