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수원지방법원 2017.07.06 2017고단2413

The sentence of sentence against the defendant shall be suspended.


Punishment of the crime

On April 7, 2017, the Defendant, from the D platform stairs located in Suwon-si, Suwon-si, Suwon-si, the Defendant taken pictures of the victim’s bucks and bucks in which his name cannot be known by using the camera located in his/her cell phone, using the camera located in his/her cell phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to photographs of seizures and screen pictures of suspension of crimes);

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 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 of the suspended sentence (the Defendant appears to have faithfully engaged in a social and family life prior to the instant case as his primary offender).

The defendant properly recognizes his mistake, and is against the law.

In addition to what is specified in the facts charged in the instant case, the video or photograph taken by the Defendant only once, and the cellular phone immediately after the crime had been seized, was not found to have taken the body of another female who may cause sexual humiliation or shame.

Since the instant case, the Defendant seems to have committed an offense against the truth by providing voluntary services, etc., and endeavored to correct character and behavior.

In addition, in consideration of the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the arguments of this case, such as the defendant's age, sex, crime, and criminal records, the sentence of the punishment shall be suspended because it is deemed that the circumstances before the defendant are obvious.

Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive when a conviction on the crime of this case to be submitted is confirmed.