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The sentence of sentence against the defendant shall be suspended.
Seized iPhone Xs (Evidence No. 3) shall be confiscated.
Reasons
Punishment of the crime
On September 3, 2019, the Defendant, around 01:40, around the residence of the victim C (n, 24 years of age) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. In order to take a shower image of the victim through the toilet window, the Defendant installed a triang gate on the wall outside of the toilet window, and fixed the Defendant’s cell phone XS to the toilet inside the toilet, and taken the victim’s bals of the victim who saw the shower using the camera function as a Kamere image.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the mobile phone camera function against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. On-site reports (related toCC-TV);
1. photographs of the place where the receiving police officer took photographs,CC-TV images taken by the receiving police officer;
1. Application of the existing legislation of seized iPhone X (No. 3)
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. Penalty fine of KRW 3,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (Conversion amount: 100,000 won per day);
1. Article 59(1) of the Criminal Code of the Suspension of Sentence provides that the criminal defendant is not guilty because he/she marks the body image of the victim through the toilet window.
However, the crime was only one case.
Since the defendant deleted the video after the crime and the video was not restored as a result of sirening, and the mobile phone used for the crime is confiscated, there is no possibility of spreading the video.
The defendant has no record of criminal punishment, and recognizes his/her criminal act, and seriously reflects his/her criminal act.
The victim was compensated for 3 million won and received a letter.
In light of these circumstances and the defendant's age, character and conduct, environment, motive, means of crime, circumstances after crime, etc., the defendant is opened.