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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 13, 2016, at around 20:10, the Defendant taken a video image against his will, on the face of the victim D (the name, the age of 35) who could cause sexual humiliation or shame by using digital camera in a public toilet on the first floor of the previous C commercial building.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to D;
1. Seizure records;
1. Application of the photographic Acts and subordinate statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;
1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused shall be a person 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 the accused shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.