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A defendant shall be punished by imprisonment for one year.
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 April 15, 2019, at around 21:05, the Defendant: (a) accessed the victim B (a) who took a fright at the D store located in Won-si, Seoul; (b) accessed the victim B (a person under age 31) who took the fright; (c) putting the fright into his hand; (d) putting the victim’s cell phone into his hand; and (d) tried to take a fright photograph using the victim’s cellular camera shooting function; (c) she failed to take the fright photograph of the fright, but failed to take the fright camera.
2. On April 15, 2019, around 21:13, the Defendant, at the place specified in paragraph (1), tried to photograph the mats of the parte of the victim E (at the age of 47) who took an article after taking the mats of the article from the place specified in paragraph (1) in the same manner as described in paragraph (1), but attempted to take a photograph, but failed to take a photograph.
As a result, the Defendant tried to take photographs against the victims' will that could cause sexual humiliation or shame on two occasions in total by using mobile phones, but did not bring about such intent, but did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to B (alias) and E;
1. Report on the occurrence of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Application of Acts and subordinate statutes to each report on internal investigation (No. 3 through 8 of the evidence list);
1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor for the crimes;
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;
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the age, occupation, and risk of recidivism of the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the type, motive, process, and process of the instant crime;