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A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who operates “C” on the fourth floor of Mapo-gu Seoul Metropolitan Government building B and is engaged in photographing products.
On April 13, 2014, the Defendant stated that “The victim D (or, who is aged 22) who applied for a product photographing model at C office around 12:45 on April 13, 2014, applied for a product photographing model” means that “The Defendant may photograph the appearance of the Defendant using visual strings and strings in the channel A program.”
Accordingly, it is called that she will use her eye, makes her eye off and brushes whether she is a brupter's brush, and brushes the Defendant's sexual organ out of her sexual organ for about four seconds of the Defendant's sexual organ, and forced her to commit an indecent act on her female by force.
2. The Defendant took photographs of the Defendant’s sexual organ against his will, on the date and at the place specified in paragraph (1), by using the Defendant’s smartphone camera, from the victim D (at the age of 22) who may cause sexual humiliation or sense of sexual shames, at the time and place.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E statements;
1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;
1. Article 298 of the Criminal Act applicable to the crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using cameras, etc. and the choice of imprisonment);
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that the personal information is to be registered and submitted under Article 48(1) of the 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 the accused shall submit personal information to the agency