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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 22, 2018, around 10:30, the Defendant: (a) reported that the victim (30 years of age) took clothes at the “C Syna” 8th floor of the Daegu Northern-gu building B, Daegu Northern-gu building 8, and took her part of the cell phone.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against the victim;
1. A protocol of seizure and a list of seizure;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Acts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes (Selection of Imprisonment with prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to attend a lecture;
1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;
1. The execution of a sentence shall be suspended in consideration of the fact that there is no evidence that a film recording the reasons for sentencing under Article 48(1)1 of the Criminal Act was spread, and that there is no criminal history, but is attached on condition that community service and attending lectures.
When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43
No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The defendant's age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage suffered by the defendant due to the defendant's disadvantage, the preventive effect of sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively considered.