The sentence of sentence against the defendant shall be suspended.

Criminal facts

피고인은 2013. 11. 3. 01:00경 수원시 권선구 C, △△△호에서, 피해자 D(남, 34세)이 술에 취한 상태에서 전라로 잠을 자는 사이 개가 피해자의 성기를 핥는 모습을 휴대폰으로 촬영함으로써, 성적수치심을 유발할 수 있는 피해자의 신체를 피해자의 의사에 반하여 촬영하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Application of the Act and subordinate statutes on Criminal Report (Investigation of Attachment to Stockholm photographs);

1. Relevant provisions 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;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which the amount of KRW 100,000 is converted into one day);

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which shall submit personal information to a defendant, shall become a person subject to registration of personal information after the conviction of the defendant becomes final and conclusive on the facts constituting a sex offense subject to registration.

However, this court has a duty to submit personal information to the competent authority pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.