Text
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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 22, 2013, around 23:30 on July 2, 2013, the Defendant installed “C” restaurants, toilets, women’s urinals, which are operated by the Defendant in Jongno-gu Seoul, and installed mobile phones, and the victim D (V, 47 years of age) took the urinals against the victim’s will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report (Analysis of CD content);
1. Application of statutes on site photographs;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Selection of imprisonment with prison labor as a matter of choice (the crime of this case is to select imprisonment with prison labor in light of the fact that, in the case of the crime of this case, the images of women are taken by installing mobile phone cameras in the toilets operated by themselves, and the nature of the crime is very poor);
1. Article 62 (1) of the Criminal Act (including the fact that there is no previous criminal record of the same kind, confession and reflective fact, etc.);
1. 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 the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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, and is obligated to submit personal information to the competent agency pursuant to Article
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.