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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 19, 2020, around 16:24, the Defendant entered the third studio in C-6 female toilets located in Namyang-si, Namyang-si. However, the victim D’s indictment is stated in the victim D indictment, but the victim D’s indictment appears to be a clerical error in D in light of the evidence list. Thus, ex officio correction is made.
(가명, 여, 34세)가 들어가자 피고인의 휴대전화 카메라 어플리케이션을 켠 상태로 피해자가 있는 용변칸 위로 밀어 넣어 피해자가 용변을 보는 모습을 촬영하였다.
Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to D;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to each field photograph, each CCTV image closure photograph;
1. Article 14 (1) of the relevant Act on Criminal Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the punishment is selected;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The following circumstances recognized in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restrictions Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities;