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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. An act of using or photographing cameras, etc.;
A. On November 2018, the Defendant, at the end of Daejeon Seo-gu, taken a photograph of the victim’s Handphone in which the Defendant was in possession of the victim, who was under the influence of alcohol, while drinking with the figures of the victim B and the Defendant, who had been aware of influence at his trade fluences located in Daejeon Seo-gu.
B. On March 5, 2019, the Defendant took a photograph of the victim, who was off his clothes under the influence of alcohol, while drinking with the victim and the Defendant’s figures while drinking alcohol at the Defendant’s residence located in Daejeon-gu Daejeon-gu, Daejeon-gu, with Handphones possessed by the Defendant, who was aware of the victim.
Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.
2. The Defendant, on March 4, 2019, posted the victim’s photograph taken against the victim’s will at a place not opened from March 2, 2019 to around April 4, 201, to a “D” group hosting with the Defendant and the Defendant’s 4-5 persons.
Accordingly, the defendant distributed photographs taken against the will of the person who could cause sexual humiliation or shame.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol of each police statement concerning B;
1. Application of Acts and subordinate statutes on the screen after the closure of a course;
1. Article 1 of the Act and Article 1-A of the decision on the selection of punishment for the crime;
A crime: Article 14(1)(b) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018)
A crime: Crimes under Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Imprisonment with prison labor under Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.