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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
1. On December 14, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) committed an intrusion on women’s toilets installed in a place to satisfy his/her sexual desire on the first floor of the Young-gu C building in Suwon-si, Suwon-si, Suwon-si, with a view to satisfying his/her sexual desire.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken a change from the above female toilet at the same time and at the same place as the above paragraph (1), and opened the front door, taken the victim D (n, 40 years of age) and three female victims from the victim’s side space using the video function of the mobile phone in which the Defendant was in possession, and taken the body of another person, who may cause sexual humiliation or shame, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim D;
1. Application of Acts and subordinate statutes to each investigation report (the addition of Handphones, the confirmation of crimes pictures, and the receipt of reports on digital evidence analysis results and reports);
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, in relation to the relevant criminal facts;
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. The reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Probation and Order to complete Program, are as follows: (a) the Defendant was detained for a period of one month in the instant case; (b) his mistake was divided; (c) the Defendant appears to have not distributed photographs; and (d) the Defendant has no same criminal records and no sentence was imposed.
Where a conviction against a defendant is finalized on the criminal facts of a sex offense subject to registration, the defendant shall be punished for a sexual crime.