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A defendant shall be punished by imprisonment for four 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
1. On May 27, 2019, the Defendant intruded into a public use place from around 23:07 to 00:52 of the next day, the second floor of the building “CPC bank” located in Daejeon Dong-gu Daejeon Dong-gu, Daejeon, used the gap in which women would have stolen the form of melting the side or take a cell phone and there is no person to keep it out of the surrounding area.
Accordingly, the defendant invadeds on public use places for the purpose of meeting his sexual desire.
2. Attempted taking of photographs, such as cameras;
A. At around 00:36, May 28, 2019, the Defendant entered the front space of the above female toilet, and the victim D (n, 22 years of age) tried to gather the Defendant’s mobile phone and take the front screen of the Defendant’s mobile phone, thereby putting the Defendant’s mobile phone into the front space. However, the above victim was unable to discover the mobile phone and have the wind coming from the toilet.
B. On May 27, 2019, around 23:07, around 00:20 on the following day, around 00:00, around 00:31, the Defendant tried to take a fluoric image of a female victim with no name in the same manner as that of the preceding paragraph on a mobile phone of the Defendant, but the Defendant failed to properly photograph the female’s body due to a narrow space of the toilet, and thus, failed to achieve that purport.
Accordingly, the defendant tried to take photographs of the body of the victims who could cause a sense of sexual humiliation against their will, but attempted to do so.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. Application of the provisions of seizure records and seizure list statutes;
1. Articles 12, 15, and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of imprisonment with prison labor for the crime;
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;
1. Article 62-2 of the Criminal Act; Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Matters concerning the protection of children and juveniles against whom an employment restriction order is issued;