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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.
Nevertheless, on July 4, 2015, the Defendant: (a) reported on the following: (b) on July 2015, 2015, the Defendant: (c) filed a shower preparation with the victim E (the 22 years of age), who is a female living together, to take the victim’s unknown body by using a mobile phone; and (d) started the video recording with the Defendant’s smartphone in advance to be exposed only to the Defendant’s smartphones; (b) placed the said smartphone in the Defendant’s anti-fluor body to be exposed to the Defendant’s smartphones; (c) placed the victim’s unknown body on the part of the Defendant; (d) failed to take the victim’s body; and (e) failed to take the victim’s body by means of the same method as around 16:51, 2015; and (e) discovered the victim’s body to take the victim’s unknown body; and (e) discovered the victim’s body on the part of the victim;
Accordingly, the defendant tried to photograph the body of the victim who could cause a sense of sexual humiliation of the victim, but did not commit such an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Records of seizure and the list of seizure;
1. Application of the Act and subordinate statutes on August 4, 2015 to the Stockholm photographs between the victim and the suspect and the victim, who had been aware of the crime, taken by the victim.
1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc. of Sexual Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Confiscation.