A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

On December 22, 2015, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of Kameras, etc.) at the Daegu District Court, and the said judgment became final and conclusive on December 30, 2015.

On August 2, 2015, the Defendant, at the bus stops located in Sim-si B, on August 14:20, 2015, opened a cell phone filming, put the cell phone into a bags for marcing, opened the cell phone in a bags for marcing, cut the body part of the victim’s marcule by pushing the bags for marcing marcing under the center of the victim C (V 26 years of age), taken the body part of the victim’s marce, and taken by the same method as the body part of the female victim’s marc in the vicinity.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Method of photographing a reciting photograph and motion picture;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Orders to observe protection and attend lectures or orders to provide community service;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, risk of recidivism recognized as recorded, and the instant case.