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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 21:00 on January 2, 2019, the Defendant installed a camera in the form of the victim D (tentative name) in the form of USB in the form of the victim D, and taken pictures of the victim’s sexual intercourse with the Defendant as a b body.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement concerning D;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of photographed objects);
1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Where a conviction against the defendant on the facts constituting a sex crime subject to registration becomes final and conclusive in regard to the judgment that is subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information
The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the defendant's age, occupation, risk of recidivism, the process of crime, results and seriousness of crime, and the effect of preventing sexual crimes subject to registration and protecting the victim.