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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.
Reasons
Punishment of the crime
On November 20, 2016, the Defendant, like the victim B (V, 22 years of age) who was frightly from the roadside on November 20, 2016, got drinking to the motel after drinking.
On November 20, 2016, at around 07:44, the Defendant: (a) 603 of the Seongdong-gu Seoul Metropolitan Government “Del” and (b) dynamic image shooting function of mobile phones; (c) taken the face of the sexual relationship with the victim; and (d) taken the side of the sexual intercourse with the victim; and (e) taken the back part and the back condition of the victim, which was locked due to sexual intercourse.
The defendant taken the body of the victim who could cause sexual humiliation as above against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Seizure records;
1. As to the investigation report (as to the victim’s photograph);
1. Application of CD-related Acts and subordinate statutes
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning 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 sentencing of Article 48(1)1 of the Criminal Act is to be determined as ordered by comprehensively taking account of the following circumstances as well as various conditions of sentencing as stated in the records.
In a case where a conviction on the crime of this case against the defendant, who is first offender, is finalized as to the fact that the victim could have caused a considerable sense of sexual shame due to the crime of this case, that the defendant received a letter from the victim or was not fully agreed, that is, the defendant is subject to registration of personal information of this case, and that the defendant is subject to registration of personal information of this case under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, and Article 49(1) proviso and Article 50(1) of the Act on the Protection of Child Sex Offenses.