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The punishment of the accused shall be eight months by imprisonment.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 22:40 on December 21, 2018, the Defendant taken the image of the second floor toilets of the building located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the Defendant’s Samsung Ggal lusium function using the Defendant’s Samsung Gallon’s camera function as a camera of the mobile phone, in which the victim C (one, half, and fifty-three years of age) is viewed as a dynamic image.
Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame against the will of the person to be taken.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to C by the police;
1. Investigation report (Arrangement of suspected video works);
1. Application of Acts and subordinate statutes to each list of seizure and each protocol of seizure;
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;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Taking full account of the following circumstances: (a) an order to disclose or notify the personal information of the accused; (b) an order to exempt the employment restriction from an employment restriction order; (c) an order to disclose or notify the personal information of the accused; (d) an proviso to Article 49 (1); (e) the proviso to Article 50 (1); (e) the proviso to Article 56 (1); (e) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (e) Article 59-3 (1) proviso to the Act on Welfare of Persons with Disabilities (Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: (e) the disclosure or notification of the accused’s personal information; or (e) the accused
1. The risk of committing the crime in which the victim took pictures against his will from the toilet of the building with reason for sentencing under Article 48(1)1 of the Criminal Act.