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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
At around 06:00 on December 2, 2019, the Defendant took a video image of the victim’s sexual intercourses with C (n, 20 years of age) at the guest room of Seocho-gu Seoul Metropolitan Government, with the face of the victim being expressed, taking advantage of the fact that the victim was unable to see the front, the Defendant taken a video image of the victim’s sexual intercourses with the victim’s sexual intercourses from January 14, 2018 to December 2, 2019, including taking a video image of the victim’s sexual intercourses with the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C Application of Acts and subordinate statutes on records of seizure of police statements and reports on results of analysis of digital evidence of seizure lists;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) (Attached Table 1 through 14); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 14(1) (Attached Table 15 through 17) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 202
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 main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities; Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Order and Notice Order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) have no record of criminal punishment except for the instant crime.