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A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
On April 15, 2016, at around 10:05, the Defendant discovered the victim C (n, 47 years of age) who flicks in front of the window B of Changwon-si, and discovered the victim’s body part in front of the shop B, and followed the victim with an intent to photograph the part of the victim’s body, and used the victim’s body. The Defendant taken a dynamic image from the victim’s back using the victim’s cellphone 5S smartphone, which led the victim to the lower part of the victim’s body, which could cause a sense of sexual humiliation, against the victim’s will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Written statements prepared in D;
1. Seizure records;
1. Application of the photographic Acts and subordinate statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused shall be 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, and the accused shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.