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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
1. On May 22, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places for sexual purpose) into one-story female toilets located in Gyeonggi-si B, Gyeonggi-do, on May 22, 2019, and in order for women to take a balle image into a balle of female toilets.
Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment of Sexual Crimes”), took pictures of the victim’s appearance where the victim D (a person, a person, and the age of 28) collected a mobile phone against the upper part of the screen where the victim D (a person, a person, and the age of 28) reported a melting base as a screen, after performing the function of the camera of the mobile phone at the above time and at the above place.
Accordingly, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to D;
1. E statements;
1. Application of the Acts and subordinate statutes on advancements at the scene of occurrence and CCTV images at the scene of occurrence;
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc.
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of the crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment to the concurrent crimes)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of 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. The order of provisional payment;