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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 of the final judgment.
Reasons
Punishment of the crime
1. Around October 3, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) invaded on the part of the Defendant in order to photograph the body part of a female with an intent to satisfy the Defendant’s sexual desire at the first floor toilets of the C building at the time of macroscoping.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);
A. On October 3, 2013, at around 02:20 on October 3, 2013, the Defendant: (a) taken a changeer from the third column of female toilets of the first floor of the C building, knowing that the victim D (n, 24 years old) entered the second column; (b) taken the Defendant’s mobile phone located in the carmeras toward the partitions in which the said victim reported the melting side; and (c) taken the body of the female, which may cause sexual humiliation or shame against the victim’s will.
B. The Defendant, at the time and place specified in the preceding paragraph, knew that the victim E (or, 28 years of age) entered the second column, taken the body of the female, who could cause sexual humiliation or humiliation against the victim’s will, in the same manner as that of the preceding paragraph, with knowledge that the victim E (or 28 years of age) entered.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Application of statutes on the photograph of the case
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;
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 on the stay of execution (see, e.g., Supreme Court Decision 62 (1)
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 48(1)1 of the Criminal Act.