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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 02:00 on July 17, 2018, the Defendant taken a brupt image of the victim C (a person, a person, and a person) using his cell phone camera function in Ansan-si B, using his cell phone camera function.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to C (tentative name) and D (tentative name);
1. Application of recorded CD-related Acts and subordinate statutes;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education
1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission
The crime of this case was committed in a disadvantageous condition: The defendant taken a shower image of the victim, who is a friendly body, while the crime of this case was committed in light of the circumstances and patterns of the crime.
After the crime of this case, it seems that there was a risk that the defendant would lead to another crime, such as informing another relative of the victim that he has a video image.
The victim who became aware of the instant crime seems to have suffered considerable sexual humiliation and mental shock.
The defendant did not receive a letter from the victim.
The defendant commits a crime in favor of him.