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A defendant shall be punished by imprisonment for not less than eight 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 August 12, 2018, in the elevator of a building located in Kimpo-si B, Kimpo-si, around 19:07, the Defendant: (a) had the victim C (man, 38 years of age); (b) had the victim’s body in the body of the victim taken or attempted to taken the body of the victim nine times in total in the same manner as written in the annexed crime list from June 2018 to August 2018.
Accordingly, the Defendant attempted to take or photograph another person’s body that may cause sexual humiliation or sense of shame over nine times in total, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused;
1. Records of seizure and the list of seizure;
1. Application of the Act and subordinate statutes of Chapter 14 of the Case SCCTV closure photographs, digital evidence analysis report, female lower body photographs, and female lower body photographs;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing under the main sentence of Article 56(1) and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, the Defendant committed the crime by taking the neighboring victim, who is a subordinate offender, into consideration the same apartment house, in an excessive manner.
The attempted crime is also attempted several times from the elevator of the company.
Even though the same crime was committed in 2014 and suspended indictment was committed, it is more severe punishment.