Seized mobile phones (S8 flus, No. 1) shall be confiscated when galloning.

On October 11, 2017, the Defendant followed a victim ( female) who was unable to identify the name of the Defendant who was going to go out of the luxar history of the subway No. 7, the subway No. 50:15, the subway No. 5444, Oct. 11, 2017.

When the defendant continues to gallon Samsung ju, the defendant taken a video image of the victim by using S8 Plus Smartphone (Evidence No. 1).

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. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (in response to results of digital evidence analysis);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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. Article 59 (1) of the Criminal Act of the Suspension of Sentence (The substance and frequency of the crime of this case, degree of damage, the defendant's wrongness, the fact that there is no past record of the same kind of crime before and after especially serious crimes, and the age, sex, environment, etc. of the defendant shall be considered);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes 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 to be acquitted after two years have elapsed since the judgment of suspended sentence became null and void, 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). The defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, etc.