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1. The punishment of the accused shall be four months of imprisonment;
2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;
Reasons
Punishment of the crime
1. On June 12, 2016, the Defendant: (a) taken a screen picture of the victim D with his/her smartphone camera, with a view to viewing the urine of the victim D through the window opened outside the C-pent toilet located outside of the toilet in racing-si on June 12, 2016; and (b) taken a screen picture of the victim D’s son’s own smartphone camera at around 02:00 on the same day by visiting a 1015 cell room located in E at around 02:0 on the same day.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.
2. On June 12, 2016, the Defendant entered the room via the heat 1015, the victims mentioned in the above paragraph 1, where the victims mentioned in the above paragraph 1 were aboard, and intruded into the room occupied by the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to G or D;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes on response results from digital evidence analysis;
1. Taking photographs of the facts constituting an offense, such as a camera under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Options of imprisonment with prison labor): Article 319 (1) of the Criminal Act;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The instant crime on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is highly likely to criticize the victims in light of its circumstances, methods, degree of mental suffering, etc.
This is an unfavorable circumstance to the defendant.
The Defendant confessions all of the crimes of this case and reflects them.
There is no criminal history exceeding the same kind of crime or fine for the defendant.
This is favorable to the defendant.
In addition, the arguments and records of this case, such as the age, sex, environment, and circumstances after the crime, are shown.