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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On July 31, 2015, at around 17:43, the Defendant taken pictures of the victim’s bucks and bucks by using galleno-2 smartphones, which are located in the galle-gu Seoul Central District, by approaching the back of the female victim on his name, who was on the top of the exit exit of 1 subway line Seoul Central District.
Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.
Summary of Evidence
1. Defendant's legal statement;
1. Seizure records;
1. Application of Acts and subordinate statutes on investigation reporting;
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 1,000,000 to be suspended;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);
1. When a conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (including the fact that the defendant has no record of punishment at all, appears to have reached the crime of this case contingent, that the defendant's mistake is repented and does not repeat the crime, and that he has lived in good faith up to the present day) of the suspended sentence, the defendant 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43
Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information
(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of recidivism, and the instant crime are exempted from an order to disclose or notify personal information.