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A defendant shall be punished by imprisonment for six 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 November 6, 2019, at around 08:40, the Defendant: (a) operated the Defendant’s smartphone 7 camera images of Aphone 30, a smartphone, in the subway line No. 4 of the subway line No. 198, the subway line No. 200, and (b) taken the body of the victim’s body under the part of the victim’s body by exposing the arms into the hands, putting the Defendant’s smartphone No. 30, a smartphone No. 30).
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using smartphone cameras against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to report internal investigation (the CCTV verification and tracking of the escape route when committing a suspect);
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;
1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency
When comprehensively taking into account the defendant's age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure notification order and employment restriction order, the preventive effect of the sexual crime subject to registration that can be achieved due to such order, and the effect of protecting the victim, etc., the defendant shall be punished.