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A defendant shall be punished by imprisonment for one year.
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 June 26, 2017, the Defendant, at approximately 19:44, taken a photograph of the parts of the lower body in the front body of the female heading in the name of the influent woman, taking advantage of the Defendant’s photographic recording function of “D,” which was installed in the Defendant’s LG G5 mobile phone, from around 16:2 times in total, from around 09:24 on November 30, 2016 to around the above day, the Defendant taken a photograph of the parts of the lower body in the front body and the ridge of the female influent woman’s name in the same manner as in the list of crimes in C, E, etc.
Accordingly, the defendant taken the body of others who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Statement by the defendant in court;
1. A list of seizure records (voluntary submission), and a list of seizure;
1. Application of the Acts and subordinate statutes, including photographs attached to the investigation report (a photographic to the crimes of sexual assault (a photographic to be taken by using a camera, etc.)-a photograph;
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 for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Surveillance of protection, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not sufficient in light of the method of the instant crime and the background behind shooting, and considering the long period of the crime and the fact that the number of times of the crime exceeds, the Defendant’s liability is not weak.
However, there are other circumstances considering the circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, circumstance after the crime, etc., in which the defendant has committed a crime, and the defendant has no criminal record except for the punishment twice by a fine of this kind.