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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
Criminal facts
On May 2, 2014, at around 11:55, the Defendant was indicted to the effect that C (n, 17 years of age), D (n, 18 years of age), E (n, 17 years of age), and E (n, 17 years of age) are suffering from school uniforms and that the prosecutor of one of the above female students taken the 3 side of the bridge by using the cell phone device of the Defendant. However, according to the investigation records (68 pages), the cell phone of the Defendant is taken and stored only the part of the bridge among 3 students and stored. Thus, the Defendant’s cell phone is recognized as criminal facts only for this part.
B/C photographs.
Accordingly, the defendant taken the body of a woman who could cause sexual humiliation or shame using a cellular phone with similar functions as a camera against his will.
Summary of Evidence
1. Partial statement of the defendant (excluding part of confession without credibility, in light of the content of investigation records);
1. Each written statement prepared in C, D, and E;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes of an investigation report;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The crime of this case is a case in which the defendant photographs a woman's body against her own will that may cause sexual humiliation or shame by using a mobile phone, and is punished for the same kind of crime. The defendant is punished for the same offense.