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The sentence of sentence against the defendant shall be suspended.
Seized evidence subparagraph 1 shall be forfeited from the accused.
Reasons
Punishment of the crime
On October 19, 2015, at around 19:43, the Defendant arbitrarily taken the part of the victim’s pawal leg by using his smartphone to the victim C (V, 18 years of age) who entered the pawal in the south-gu Seoul metropolitan bus stops, and by using his smartphones.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with the camera function against his will.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Records of seizure and the list of seizure;
1. Investigation report (attached to video CDs stored in a suspect's cell phone);
1. Application of the video closure photographs and the video CD-related Acts and subordinate statutes;
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 of KRW 1,00,000, which is suspended due to a suspended sentence; and
1. Articles 70 (1) and 69 (2) of the Criminal Act (the period computed by converting 100,000 won into one day) of the Criminal Act for the inducement of a workhouse;
1. Article 59 (1) of the Criminal Act of the suspended sentence ( Taking into account the fact that the previous conviction is obvious for the first time without any previous conviction);
1. Where a judgment of conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, the accused 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 the competent
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 and occupation exempted from an disclosure order or notification order, records, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury.