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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The Defendant is a person who was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on November 11, 2016, and whose judgment became final and conclusive on November 19, 2016, and is currently under probation.
No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.
Nevertheless, around September 10, 2017, the Defendant, at the hotel “D hotel” room located in Daegu-gu, Seo-gu, (around September 10, 2017, set up a table in the guest room to show a room for a hand room, which had been purchased in advance through the Internet, and taken 13 screen pictures of the victim’s sexual intercourse with the victim from March 10, 2017 to September 10, 2017, as shown in the list of crimes in the separate list of crimes.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Two copies of the suspect examination protocol made by the police twice to E;
1. A criminal investigation report (191 pages, 281 pages of evidence);
1. Data on the details of sales of Mameras (Evidence No. 248 pages);
1. Application of the photographic Acts and subordinate statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is against the Defendant’s recognition of the instant crime, but a suspended sentence of imprisonment with labor for one year and six months at the Daegu District Court on November 11, 2016 is two years.