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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant and the victim B (n, 28 years of age) are public officials working in the “D” located in the Hamyeong-gun C.
1. On February 25, 2020, the Defendant: (a) around 13:00 on February 25, 2020, on the first floor of the above D main body, reported the victim’s entry into a female toilet; and (b) invaded into a female toilet to view the form of the victim’
2. Around 09:00 on March 13, 2020, the Defendant reported that the victim entered a female toilet at the place specified in paragraph (1) and entered a female toilet to view the form of the victim who deemed melting the appearance of the victim. On the same day, the Defendant continued intrusion on female toilets at around 09:30 on the same day in order to see the form of the victim’s boom at the same place specified in paragraph (1)
3. Around 15:00 on March 13, 2020, the Defendant reported the victim’s entry into a female toilet at the place specified in paragraph (1) and entered a chip into a female toilet to view the form of the victim’s chip.
Accordingly, the Defendant intruded on female toilets more than four times with a view to meeting his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the Police Statement E and F in relation to B;
1. Application of Acts and subordinate statutes 1 to investigation reports (on-site verification, etc.), accompanying photographs, investigation reports (related to the analysis of cellphone images), caps, photographs after closures, and video CDs;
1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of punishment
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;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes