A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 8, 2017, around 18:18, the Defendant: (a) taken screen pictures or photographs of the victim’s clothes and legs of the female victims against their will using the cell phone camera function in front of the victim D (n, 31 years of age) who suffered a short fright, using the cell phone camera function in Seoul, Gangnam-gu and subway C Nos. 3 and 6 times in the exit. From July 2017 to September 8, 2017, the Defendant used the cell phone camera function in front of the victim, and taken screen pictures or photographs over a total of 19 times from July 2017 to around 2017.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative Report (Evidence No. 84 pages of evidence), photo-flopping images of dynamic images and clothes of women (Evidence No. 89,92 pages of evidence),

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is the case in which the Defendant committed an indecent act against a female in subway escalators, and the Defendant was sentenced to a fine on July 14, 2017 at the Sungnam support of Suwon Friwon, but again committed the instant crime. In light of the body parts and frequency taken by the Defendant, the nature of the instant crime is not good.

However, the defendant recognizes his mistake and reflects, and the victim, who knows his personal information, wishes to punish the defendant.