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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 9, 2018, around 23:05, the Defendant entered the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Office to photograph women, etc. who are viewed as melting in the first floor female toilets of Yeongdeungpo-gu.
Accordingly, the Defendant infringed on toilets, which are public use places used by many unspecified persons, for the purpose of meeting his sexual desire.
2. The Defendant, at the same time and place as in Paragraph 1, taken a cell phone with the shape of a Kamera function in which the victim C (at the age of 27) was divided from the toilet partitions and her seated with the Kamera function.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to photographs of each statement, seized articles, photographs of the scene of the crime, and output of images taken by the victim;
1. Relevant statutory provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (Infringed places for public use for sexual purposes, Selection of Imprisonment), and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; Selection of imprisonment with labor);
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 48 (1) 1 of the Criminal Act to be confiscated;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete education (the fact that an order to attend education is a foreigner and it is difficult to expect smooth implementation due to the possibility of deportation);
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018).