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A defendant shall be punished by imprisonment for 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 April 13, 2018, at around 20:00 on April 20, 2018, the Defendant entered a female toilet with the second floor in Gyeonggi-si, Gyeonggi-si, with the inner function as a mobile phone, into the use of the above toilets in order to photograph the body of a woman who is deemed melting a melting uri by using a mobile phone with the inner function.
Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.
2. A criminal defendant who has attempted to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) committed an attempt to photograph an unspecified female’s appearance using a cellular phone with the date and time set forth in paragraph (1), and a cellular phone with his/her possession at the place, to take the body of the victim who may cause a sense of sexual shame by inserting the Defendant’s cell phone device into the front door, and to take the victim’s body against his/her will. However, the defendant did not commit an attempted act but rather committed an attempted act with the wind sense of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to C by the police;
1. Investigation reports (in the field form of the incident), investigation reports ( analysis of CCTV recording data in the field), and application of attached photographic Acts and subordinate statutes;
1. Relevant legal provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Punishment, etc. of Sexual Crimes, and Articles 15 and 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) (the attempted to take photographs using a camera and the choice of imprisonment);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) among concurrent crimes;
1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.