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.

Punishment of the crime

On February 26, 2019, at around 19:30 on February 26, 2019, the Defendant entered the bar of the victim D (Inn, 20 years of age, 20 years of age) from the toilet of the public restaurant in Mapo-gu Seoul, Seoul, to the bar of the defendant, and the toilet of the defendant, as the above, tried to take the aphone 7 bbbbs (No. 1) owned by the defendant, and tried to take the place where the victim sees the screen of the defendant, but the victim was not able to find the above mobile phone of the defendant.

As a result, the Defendant attempted to take the body of a person who may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the existing Acts and subordinate statutes of the seized Audio 7 Baphones (No. 1)

1. Article 15 and Article 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. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The punishment shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means, means, circumstances after committing the crime, etc., under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities:

A favorable circumstances: The fact that the defendant recognized the crime, the fact that the crime is against the defendant, the fact that the crime was committed is disadvantageous to the attempted crime: there is a record of the same kind of criminal punishment, the mental impulse that the victim received seems to be very high, and there is no material to view that the defendant made a serious effort to receive a letter from the victim.