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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 14, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamerlagraphing), took pictures of the body of the victim, who was in a sexual intercourse with the victim G (Woo, 29 years old), at around 03:06, 511 guest rooms located in the Northbuk-gu, Gwangju Metropolitan City (hereinafter “the guest rooms in this case”).
Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.
2. The Defendant, at the time, at the time, at the places specified in paragraph 1, prevented the victim from leaving the guest room of this case for about two hours by putting the victim’s shoulder out of the room, due to the defect that the victim wants to go out of the guest room of this case, or by putting the victim’s shoulder out of the room of this case by hand.
Accordingly, the defendant detained the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Protocols and statements made by the police to G (second time);
1. One copy of the 112 Report processing statement, report on results of digital evidence analysis, and recording of recording files;
1. Determination as to the assertion of the defendant and his/her defense counsel, such as the police seizure protocol (voluntary submission)
1. The Defendant and his defense counsel’s assertion had not been detained by preventing the victim from leaving the guest room of this case, as stated in paragraph (2) of the facts constituting the crime in the judgment.
However, in order to communicate with the victim, the defendant took the victim's hand in order to communicate with the victim, and only talked with the victim with the victim for 20 minutes.
2. The crime of confinement of a person in a related legal doctrine is a crime which makes it impossible or extremely difficult for a person to leave a specific area with the freedom of action as a legal protection of the person’s legal interest, and which makes it impossible or extremely difficult for such person to move into a specific area, and is physical and mental.