The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On May 7, 2015, at around 08:22, the Defendant: (a) reported that the victim’s name could not be known from the subway No. 7, the subway No. 874 located in Seocho-gu Seoul, Seocho-gu, Seoul, was suffering from the short fat, and (b) recorded the cell phone equipment in the lower part of the victim’s fat, and used the cell phone image shooting function of the cell phone equipment to take the fat of the victim.

Accordingly, the defendant taken the body of the victim against his will, using a cell phone with similar functions as a camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on photographs;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The sentence to be suspended under Article 59(1) of the Criminal Act: The reason for the suspended sentence of a fine not exceeding 2 million won is that the form of crime is relatively weak.

The defendant is a first offender and family member, and has been working for not less than 10 years.

The defendant acknowledges and reflects the crime, and is living a healthy life without preventing recidivism.

In addition to the above circumstances, when considering the conditions of sentencing as stipulated in Article 51 of the Criminal Act, namely, the age, character and conduct, intelligence and environment of the offender, relationship with the victim, motive, means and consequence of the crime, the defendant is remarkably dead, and thus, the sentence is suspended against the defendant.

Where a conviction against a defendant is finalized on the criminal facts that are subject to registration and submission of personal information, the defendant shall be punished for sexual crimes.