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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2014, the Defendant, who was parked in D at the government city of Gyeonggi-do near the residence of the victim C (Y, 47 years of age), was driven by the Defendant, using the gaps in which the victim was sM5 car driven by the Defendant, so that the victim’s body was revealed by using the gaps in which the victim was sM5 car, and then the victim’s body was exposed to the victim’s body, and taken the victim’s body body with his cell phone.
Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim;
1. A criminal investigation report (the contents of conversation with Kakakakao Stockholm and photographs of biographs);
1. Application of Acts and subordinate statutes, such as a Kakao Stockholm photograph;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act;
1. The fact that the defendant taken photographs as stated in the criminal facts in the judgment of sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and attempted to spread them, and intimidation the victim is unfavorable under the unfavorable circumstances. The fact that the defendant is against the time of committing the crime, the fact that he/she agreed with the victim, and the fact that he/she has no record of punishment for the same kind of crime shall be considered as favorable circumstances. The punishment of this case shall be determined by comprehensively taking into account all the sentencing conditions, such as the circumstances after committing the crime, the defendant's age
Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the relevant agency as prescribed in Article 43
The defendant is exempted from an order of disclosure or notification.