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A defendant shall be punished by imprisonment for not less than eight 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 is between the victim B (n, 20 years of age) and the victim.
At around 03:00 on January 11, 2020, the Defendant: (a) installed the victim’s mobile phone so that the victim’s mobile phone can be laid down between the UA and the UA, and (b) taken a photograph of approximately 1:17 minutes and 17 minutes of sexual intercourse with the victim.
Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera against the victim's will.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Act and subordinate statute to the police investigation report (No. 5, 12) to B on the statement statement;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor
1. Article 62 (1) of the Criminal Act;
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 Order to attend education
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities; Article 48 (1) 1 of the Criminal Act 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 order to disclose or notify information; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order; prevention of sex crimes subject to registration; and