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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
1. A quasi-indecent act: (a) on April 29, 2017, at a bus terminal located in Gangnam-si, Gangnam-si, the Defendant was on board the C's government bus, and then was seated next to the C's seat, and the Defendant committed an indecent act against the victim by taking advantage of the victim's resistance impossible condition.
2. On April 29, 2017, the Defendant taken photographs of the Defendant’s cell phone cameras and buckers in the foregoing D’s bucks, which were damaged by the Defendant’s cell phone cameras, in light of around 20:52 around the 20:52 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D, E, and F;
1. A list of seizure records (voluntary submission), and a list of seizure;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Articles 299 and 298 of the Criminal Act concerning the crime, the choice of punishment (a quasi-indecent act committed, a choice of imprisonment) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of camera photographs, the selection of imprisonment with prison labor);
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. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to provide protection and attend lectures;
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 disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the background of the instant crime, the Defendant’s age, sex, sexual conduct, social ties, criminal records (no record exists), the risk of recidivism, the risk of disclosure order and notification order, and the profits and preventive effects expected from such order.