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A defendant shall be punished by imprisonment for not more than ten 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
On November 17, 2019, at the guest room of Yeongdeungpo-gu Seoul Metropolitan Government, where the number of 2elies is not known, the Defendant taken pictures of the victim’s sexual intercourse with the victim C (the victim, the 29-year age), using a mobile phone camera, using a mobile phone camera, in which the victim C (the name, the female, and the 29-year age) was sexually in his body.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a mobile phone camera against the victim's will.
Summary of Evidence
1. Defendant's legal statement;
1. Partial statements made by the police in relation to C (tentative name);
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to photographs of restoration of images taken by the defendant;
1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the applicable
1. Article 62 (1) of the Criminal Act;
1. 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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. When comprehensively taking into account the following factors: (a) an order to disclose information, an order to notify, and an order to restrict employment on a sexual crime: (b) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (c) Articles 49(1) proviso and 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); (d) Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); (e) the Defendant’s age, occupation, risk of recidivism; (e) motive for the instant crime; method and order to disclose the crime; (e) the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order; and (e) the protection of the victim and the victim of the sexual crime.