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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 01:00 on September 22, 2018, the Defendant reported that the victim D (the family name, the 18-year old age) was sexual assault crime later, and had the victim covered by the victim during the course of the locking, and taken the victim's cell phone with his am son.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the victim;
1. Records of seizure and the list of seizure;
1. Investigation report (to attach seized articles, photographs of victims, and image files to be restored);
1. Application of Acts and subordinate statutes on results of digital evidence analysis;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15792, Oct. 16, 2018); the choice of imprisonment with prison labor
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that the Defendant has no record of punishment for sexual crimes; personal information of the Defendant; taking lectures in the course of sexual assault treatment; the Defendant’s age, family environment; social relationship; relationship with the victim; and the Defendant’s inflow.