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A defendant shall be punished by imprisonment for one year.
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
From February 2019, the Defendant was between the victim B (here, 19 years of age) and the victim.
1. Around 24:00 on March 16, 2019, the Defendant took photographs of a person’s body, such as a part of the victim’s sound part against his/her will, using a camera or any other device equipped with similar functions, that could cause sexual humiliation or shame, by carrying out the function of the gallona6 mobile phone judo, which was ordinarily used within the Goyang-gu Mana-gu Mana-gu Mana-gu Mana-si, and taken the body of the victim against his/her will.
2. On April 13, 2019, around 13:26, the Defendant taken photographs of the body of the victim, such as a part of the victim, using a camera or other similar device, from the residence of the victim located in D, against his/her will, and taken the body of the victim against his/her will, using the camera or other similar device, which has a similar function.
3. On May 29, 2019, the Defendant taken, using the aforementioned mobile phone at around 04:37, the victim’s ambry and clothes, which would be up to his/her will, and taken against his/her will, the victim’s ambry and clothes, and taken the body of the person who might cause sexual humiliation or shame, using the camera or other similar devices with similar functions, against the will of the person subject to taking the photograph.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement concerning B;
1. Photographs of the victim;
1. A digital evidence analysis report, CD, or compilation photograph;
1. Application of Acts and subordinate statutes on seizure records;
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, in relation to the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. The defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act is the victim who was a female-child ward.