A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

[criminal record] On October 27, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on November 4 of the same year, on the grounds of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera et al.) at the Suwon Flag, and the above judgment became final and conclusive.

[Criminal facts] On October 22, 2016, at around 19:50, the Defendant taken a motion picture of the victim D’s sexual organ and its surrounding body, which reported the urine by using a cell phone camera, from the male toilet of the 5th floor in Young-gu, Suwon-si, Suwon-si, Suwon-si.

In addition, from October 20, 2016 to December 22, 2016, the Defendant taken the body of another person, which may cause sexual humiliation or shame at least 32 times in the same manner, such as the list of crimes, against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of suspect mobile phone images);

1. Other closures of the victim’s image taken by a photograph or by a person to take the photograph;

1. Previous convictions in judgment: Investigation report (a confirmation of the suspect's same records and attachment of a copy of the judgment), application of Acts and subordinate statutes making inquiries about criminal history;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) main text and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not good in light of the method and frequency of crimes in the instant case, and the Defendant’s refusal to comply with the court’s request for attendance and the escape is disadvantageous.

On the other hand, the defendant reflects the mistake, and the period of the crime is short, and this case is a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) which became final and conclusive in the judgment, and the latter part of Article 37 of the Criminal Code.