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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. A defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) discovered that the victim B (n'e, 28 years of age) who is an instructor at the health care center located in Kameras in Gyeonggi-do around 12:00 of February 24, 2020 would go to female toilets, and then entered the victim's cell followed by following the victim in order to photograph the appearance of the victim in which the victim would turn to the front, and then the defendant's mobile phone camera is going to the front, and the victim could not come to the wind from the outside, while the defendant tried to take the shape of the victim's cell phone in which the victim would turn to the front, the victim's cell phone discovery was unfolded, and the victim could not come to the wind from the outside.
Accordingly, the defendant tried to take the body of the victim who could cause a sense of sexual shame or desire by using carmeras, etc.
2. The Defendant entered a female toilet in order to photograph the appearance of the above B with the Defendant’s cell phone at the time and place described in paragraph (1) as stated in the Special Act on the Punishment, etc. of Sexual Crimes.
Accordingly, the defendant invadeds on toilets used by many unspecified persons for the purpose of meeting his sexual desire.
Summary of Evidence
1. Partial statement of the defendant;
1. The Defendant and the defense counsel at the police protocol of the police against B, on-site photographs, CCTV-cap photographs, CCTV images, and cell phone images with respect to the defendant's entrance into female toilets, but there was no intention to photograph the victim's body by using a camera, and there was no attempt to photograph the victim's body. Thus, the Defendant cannot be said to have started the execution of "the crime of photographing the use of a camera, etc." under Article 14 (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
Gu.