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A defendant shall be punished by imprisonment 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
On March 25, 2019, at around 17:01, the Defendant listed the victim D (n, 31 years of age) in the subway station No. 1, the subway station located in the Busan East-gu B, Busan, followed the victim D (n, 31 years of age), and taken a visual image of the victim by using the camera function of smartphone in which the Defendant was holding.
In addition, from March 13, 2019 to February 25, 2019, the Defendant taken the body of the victims five times in the same manner as the list of crimes in the attached list of crimes.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on analysis of digital evidence;
1. Photographss by capturing a dynamic image;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of possession of cameras, etc.) and the selection of imprisonment with prison labor for the crime;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;
6. Where a conviction against a defendant on each of the facts stated in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to
The defendant's age, occupation, family environment, exemption from the disclosure order and notification order;