On January 15, 2017, at around 10:00, the Defendant taken a photograph of the victim C (the victim, the son, the son, and the 25 years old) seated in a cremation unit using a camera function located in his cell phone 7 mobile phone within a Moel where it is difficult to know the trade name in the Songpa-gu Seoul Songpa-dong.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. If a conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (i.e., the confession, the agreement with the victim, and the same kind and fine) of the suspended sentence 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 relevant agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). In light of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of protecting the victims, etc., a sexual crime is