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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 31, 2016, at least 17:15, the Defendant taken video images for about two seconds against the victim’s will using a digital camera in Mapo-gu Seoul, a digital camera for the telegraph of the victim E (n, 33 years of age) who was in possession of a DNA swimming pool.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. E prosecutorial statement;
1. The records of seizure and the list of seizure [the defendant taken a victim who is working in the state of his/her clothes at an open place. However, it is reasonable to view that the victim's taking a victim's body in such a state is a case where he/she taken a body that may cause sexual humiliation, in light of the degree of exposure, etc., when he/she took part of his/her body like his/her clothes, and in addition, the victim refused the defendant's request to contact with the e-mail address at the time, and immediately resisted the defendant if he/she knew of the fact that he/she had taken a e-mail address at the time, and such taking goes against the victim's will.
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. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the victim's reason for sentencing, and the defendant did not appear to have shown considerable displeasure to the victim, while there was no record of the same crime, and there was no record of the crime after 1987, and the contents and photographs of the indicted photograph have not been restored.