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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 4, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerass, Use and Screening of Cameras, etc.) did not take a photograph of the victim’s smartphones, which the victim D (the age of 41), among female toilets located in the “Cmarate” located in Daegu-gu, Daegu-gu, Daegu-gu, with the second common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common
As a result, the Defendant attempted to take photographs of another person’s body, which could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will, and did not commit such intent.
2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity);
A. On May 6, 2018, the Defendant, at the “F Burial” located in Daegu-gu, Daegu-gu, by having access to the Defendant’s smartphone to the “G” H hosting room using the Defendant’s smartphone, carried with the Defendant a child or juvenile with obscene materials exposed to a sexual flag, etc., as the child or juvenile appeared, and carried with him/her.
B. On May 7, 2018, the Defendant received and possessed obscene materials with which children and juveniles referred to in the title “I” appeared as b body and exposed sexual organ, etc. in the above place.
Accordingly, the defendant had knowledge that he/she is a child or juvenile pornography over twice.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Seizure records;
1. On-site photographs;
1. Application of Acts and subordinate statutes to report internal investigation (with respect to possession of images related to children or juveniles' cell phones of suspects);
1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and Article 15 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.