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A defendant shall be punished by imprisonment with prison labor for up to 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.
Reasons
Punishment of the crime
On June 12, 2015, the Defendant taken the Defendant’s cell phone image, such as the sexual flag, etc. of the victim E (V, 29 years old) of the former female-gu victim E (V, 29 years old), using the Defendant’s cell phone on seven occasions. On August 29, 2016, the Defendant taken the Defendant’s cell phone image, such as the victim’s sexual flag, on four occasions at the same place on four occasions, and taken the Defendant’s cell phone image, such as the victim’s sexual flag, on two occasions at the same place on September 6, 2016.
Accordingly, the Defendant taken 13 times against his will the body of the victim who could cause a sense of sexual humiliation using the cell phone function as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Report on investigation (Submission of photographs of damage), details of photographs of damage (Chapter 13);
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 Imprisonment with prison labor for the crime;
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. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.
The defendant's age, occupation, risk of recidivism, contents 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 order or notification order, and the preventive effect of the sexual crime subject to registration which can be achieved due to such order.