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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant taken, as follows, another person’s body, which may cause sexual humiliation or sense of shame, by using a camera or other devices equipped with similar functions twice, against his will, and the Defendant attempted twice.
1. On June 19, 2018, the Defendant, at around 21:10, took a sexual intercourse with a female victim, whose name cannot be known at the guest room of the “C” telecom located in Ulsan-gu, Ulsan-gu, Seoul-do, and then taken a back the victim’s upper half of the body condition of the victim, who was worn a camera function between the victim and the victim following her back-to-be and seated with his/her clothes, with a cell phone carried with the Kamera function.
2. On July 8, 2018, the Defendant, at around 07:48, had a sexual intercourse with a female victim, whose name cannot be known at the guest room in Daegu-gu, Daegu-gu, (E). After having a sexual intercourse with a female victim, the Defendant taken the victim’s panty with a pande, spande, spande, the victim’s panty, and spande the victim’s panty, and taken the victim’s spande with a cell phone.
3. On July 20, 2018, the Defendant: (a) 208:10 on July 20, 2018, the Defendant: (b) went back the victim H (n, 28 years old); (c) tried to take the part of the body leg of the victim with the mobile phone, and (d) failed to take the part of the victim’s leg, which was dismissed by the wind.
Summary of Evidence
1. Statement by the defendant in court;
2. Statement made by the police with H;
3. Police seizure records;
4. Report on results of analysis of digital evidence;
5. Application of film-related Acts and subordinate statutes stored in the CD;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 15 of the same Act, and Selection of each Imprisonment with labor, with respect to the facts constituting the crime in its holding, paragraph (3));
2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in paragraph (2) of the same Article, for which the quality of a crime and the circumstances of a crime are the largest);
3. Article 62(1) of the Criminal Act provides for the suspension of execution.