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A defendant shall be punished by imprisonment with prison labor for up to six 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 February 4, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in a public access place for sexual purpose) entered into the second column of female toilets to photograph the body of female women who are considered to be melted, from the first floor toilet of the Dong-dong, Sinsan-gu, Sinsan-gu, Gandong-gu, Gandong-gu, and Gan
Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) went into a female toilet at the time and place specified in paragraph (1), and entered the above place, thereby operating the Defendant’s mobile phone camera photographing function, and then put the hand of the Defendant’s mobile phone, which the victim C (the age of 37) entered, into the side partitions, and taken the form of the victim’s melts.
Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of the investigation report (investigation of CCTV image analysis at the scene of the crime - the leakage of CCTV and the application of Acts and subordinate statutes;
1. Relevant provisions of the relevant Act on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places for the Public Use of Sexual Crimes), and the selection
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;
1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is not less complicated in light of the fact that the defendant intrudes into female toilets and taken the form of the victim’s appearance to view the victim as the victim’s sexual humiliation.