Text
The sentence of sentence against the defendant shall be suspended.
Seized evidence 1 shall be confiscated.
Reasons
Punishment of the crime
On October 17, 2014, at around 18:55, the Defendant, at the mid-gu Seoul Central District of Jung-gu, 230 subway No. 4 of subway 230 under the ground, taken a visual image of the body part of the female victim in the name unexplosion in which the Defendant was waiting to move his vehicle at a short time, using the Defendant’s cell phone camera in the direction platform of the East Eastern Station Cultural Park Station.
Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Records of police seizure and list of seizure;
1. Application of the Acts and subordinate statutes governing screen pictures suspended;
1. Relevant Article on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;
1. Fine of 2,00,000 won which is to be imposed or suspended; and
1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court en banc Decision 2006Do1488, Apr. 1, 2006)
1. Where a conviction on a sex offense subject to the registration of personal information under Article 48(1) of the Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to a related 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 type, motive, process, consequence, and crime of the instant crime is exempted from the disclosure order or notification order.