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The sentence of sentence against the defendant shall be suspended.
Seized evidence 1 shall be forfeited from the accused.
Reasons
Punishment of the crime
On August 16, 2017, at around 22:27, the Defendant taken video images against his/her will, after the victim E (20 years of age, women) from the non-sponser of subway 2 lines D, located in Mapo-gu Seoul Metropolitan Government, the Defendant taken the body of the victim’s body that may cause sexual humiliation using smartphones with the function of taking pictures from the victim E (20 years of age, women).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Police seizure records and list of seizure;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph to the closure of a crime video);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. A fine of two million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;
1. Article 59(1) of the Criminal Act (a) of the suspended sentence (abstinence to his/her own mistake and receiving counselling treatment, etc.);
The following circumstances are considered: (a) the victim has agreed with the victim, (b) the first offender, and (c) the frequency of the crime is one time, etc.
1. Where the registration of personal information of this case under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused 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 a related agency pursuant to Article 43 of the above Act.
Provided, That if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date on which he/she receives a suspended sentence pursuant to Article 45-2 (1) of the same Act, the registration of personal information shall be exempted.
On the other hand, the defendant's primary crime and the registration of personal information can prevent recidivism to a certain extent.
In light of the fact that there is a special reason not to disclose personal information.
Since it is judged, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.