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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2015, the Defendant came to know of the Victim D (M, 56 years of age) at “C” located in B in Busan Northern-gu, Busan-do, and entered the dance institute and entered the dance institute once a week, and was married to each other.
On December 5, 2015, the Defendant, at around 15:00 on December 15, 2015, engaged in the first sexual intercourse with the victim in the 'Fel in Gangseo-gu Busan Metropolitan City E', and recorded the victim's telegraphic body generated from the toilets by using the gap in the toilets of the victim, which was filled in the telephone system of the other Defendant.
Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A photograph of a photograph, CD one CD (a damaged video or a tape recording file), a photograph by capturing a image, telegraph, and a photograph by capturing a message to which the defendant sent a video to the victim;
1. Application of the Acts and subordinate statutes of subparagraph 1 of seized evidence;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses;
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 disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record
It is difficult to conclude the registration of personal information, and the completion of a sexual assault treatment program.