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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around 08:00 on July 11, 2020, the Defendant inserted a sexual organ into the sound part of the victim C (n, 28 years old), which is located a bridge in the Bupyeong-gu Incheon Bupyeong-gu Bel, Incheon, and added a sexual organ to the victim C (n, 28 years old), and made a sexual intercourse with the victim using the Defendant’s cell phone camera function.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.
2. Around 08:00 on July 28, 2020, the Defendant had a sexual intercourse by inserting a sexual organ into the part of the victim’s room located in Mapo-gu Seoul Metropolitan Government. Around July 28, 2020, the Defendant was using the cell phone camera function in which the Defendant used the victim’s her mobile phone camera function to take the victim’s her mobile phone image.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.
3. Around 08:00 on August 4, 2020, the Defendant, within the hotel hotel room in Gwanak-gu, Seoul Special Metropolitan City DD, inserted a sexual organ into a part of the victim’s sound, which is shot up, and made a sexual intercourse with the victim, while using the cell phone camera function, the Defendant taken the victim’s mort with the victim’s mor, etc. using his cell phone camera function.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to a report on investigation (execution of a warrant of search and inspection);
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 for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The punishment of sexual assault crimes committed to attend lectures;