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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 3, 2018, around 00:04, at the Gangnam-gu Seoul Special Metropolitan City B subway 2 line C exchange radar, the Defendant taken a photograph of the victim by using the camera functions located in the cell phone owned by the Defendant, after the victim D (n, 28 years of age).
2. On May 3, 2018, at around 00:08, the Defendant taken a picture of his or her name and her butane who suffered a short Cheongmam in the platform of the Gangnam-gu Seoul Metropolitan Government B subway 2, using the camera function located in the mobile phone owned by the Defendant.
3. On May 3, 2018, around 00:22, the Defendant taken a photograph of the name unclaimed victim bucks and bucks, which suffered a short test-raising mix on the offline platform of the Gangnam-gu Seoul EM 2 Line F.
4. On May 17, 2018, at around 21:46, the Defendant taken a photograph of the name unclaimed victim bucks, which was the short test colored in the Seocho-gu Seoul Metropolitan Government G subway 3 line H H exchange radars.
Accordingly, the defendant taken four times in total the body of the victims who could cause sexual humiliation or shame through the use of a mechanical device with a camera function against their will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. One CD (I.S. CCTV) and one CD ( suspect mobile phone video files);
1. Investigation report (verification of additional video images of the suspect's mobile phone), investigation report (related to the date and time of photographing dynamic images of the suspect's mobile phone);
1. Application of statutes on records of seizure and lists of seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The age, occupation and exemption of the accused from an order of disclosure or notification, and an employment restriction order; and