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The punishment of the accused shall be eight months by imprisonment.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 01:40 on July 19, 2018, the Defendant reported that the victim D (the name, the age of 18) who is a customer is a toilet while working for a part-time work at C Corroin bank located under the first floor of Seongbuk-gu Seoul building B, Seongbuk-gu, Seoul. On the other hand, the Defendant performed the function of the video of the Samsung Ggal ju City 7th mobile phone, which he used in his own reputation at a public toilet, and taken the image of the victim against his will.
Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to D;
1. A report on investigation ( CCTV at a place of occurrence);
1. Seizure records;
1. Application of Acts and subordinate statutes, such as one CD, victims, and toilets 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;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, the disclosure and notification order, and the profits and preventive effects expected due to the employment restriction order, and the disadvantages and side effects therefrom, the victim of the sentencing is deemed to have a special circumstance that may not disclose and notify the Defendant’s personal information or restrict the Defendant’s employment.) The reason for sentencing is to regard the victim of the crime as a change in the grounds for sentencing.