A defendant shall be punished by imprisonment for four 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 July 28, 2018, at around 08:20, the Defendant discovered the victim C (the 30 years of age) who is faced by the Defendant’s side seat within the Defendant’s 7 line-line train, the Defendant taken a photograph of another person’s body against his will that could cause sexual humiliation or shame by taking a photograph of the victim’s chest part against the victim’s will, using the 8 mobile phone camera function in Samsung Falle, which is owned by the Defendant with the inner function of the Kameras, the Defendant taken the victim’s chest part against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant again committed the instant crime even though he/she was sentenced to a fine due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place) in the past, even though he/she had suffered considerable mental pain due to the instant case, he/she has not yet received a letter from the victim, and the victim sought a strong punishment against the Defendant, etc., it is reasonable to punish the Defendant with severe punishment corresponding thereto.

However, the defendant has no criminal records of imprisonment without prison labor or heavier, and the fact that the defendant committed the crime of this case while committing the crime of this case, etc. is divided into several circumstances favorable to the defendant shall be taken into consideration, and all of the sentencing factors shown in the arguments of this case, such as the frequency and background of the photograph of this case, the age and conduct of the defendant, the environment, motive and means of the crime, the motive and consequence of the crime, etc., shall be considered.