Text
The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
1. 피고인은 2017. 4. 19. 12:06 경 진주시 D에 있는 ‘E 과학관’ 강의 실에서 수업을 받던 중, 삼성 갤 럭 시 S7 스마트 폰을 책상 아래로 내린 다음 그 스마트 폰에 설치된 ' 캔디 카메라' 어 플( 사진을 촬영할 때 ‘ 찰칵’ 소리가 나지 않도록 하는 기능을 가진 어 플) 을 이용하여 수업을 듣고 있던 피해자 F( 여, 21세) 의 치마 속 허벅지 부분을 사진으로 촬영하였다.
2. On April 26, 2017, at around 11:20, at the same place as Paragraph 1, the Defendant taken photographs of the part of the bucks located in the same victim in the same manner as Paragraph 1 in the same manner.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a camera for the purpose of meeting his own sexual desire, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Police seizure records;
1. Application of the Acts and subordinate statutes to photographs of the body parts of the victim, and the body parts of the suspect taken additionally;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. A fine of three million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act (a) of the suspended sentence (a person who registers personal information shall be deemed a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when this judgment becomes final and conclusive, and thus, a person subject to registration of personal information is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment of suspension of sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 11 November 13,