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A defendant shall be punished by imprisonment for a term of one year and two 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
1. Around November 2016, the Defendant committed a crime, on or around November 2016, took pictures of the Defendant, using his/her cellular phone device installed in Daegu-gu, for the purpose of having sexual intercourse with the victim who was not the victim of his/her name, using his/her cell phone device installed in Daegu-gu.
As a result, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.
2. From May 2018 to March 2019, the Defendant, from around 11:30 on March 29, 2019 to around March 2019, the Defendant: (a) was working as an employee from “C” in Yongcheon-si B; (b) was fluoring a hole in the part of the outbreak, etc. of the new outbreak reported by himself/herself; and (c) took pictures of the part of the body part of the victim’s body, which may cause a sense of sexual shame by using the said small camera, against the victim’s will; and (d) taken the part of the body part of the victim’s body, which may cause a sense of sexual humiliation from May 2018 to the above date, in the same manner as the victim’s list of crimes in attached Form 183 times in total from May 2018.
Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions over 183 times, which could cause sexual humiliation or shame.
Summary of Evidence
1. Statement by the defendant in court;
1. Fire-proof report (field photographs, etc.), and small camera photographs installed on the suspect's shoes;
1. Each police statement of the E (alias) and D;
1. Each protocol of seizure and the list of seizure;
1. Cameras photographs;
1. Investigation report ( Results of analysis of electronic information confiscated on a suspect’s computer);
1. Application of each written statement to Acts and subordinate statutes;
1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes and the Selection of Punishment, etc. thereof.