Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant A ( South, 49 years old) is a person who is engaged in daily work.
On December 16:54, 2015, the Defendant taken photographs against his will, such as taking pictures against his will, by using a smartphone camera with the function of a camera in the Blue area of Busan (hereinafter referred to as the “Mlue”), of the victim’s back flue, who was suffering from the tamera using a smartphone camera, and taking photographs of the victim’s back flue, such as taking a short flue with a total of 12 times, such as a list of crimes in the attached sheet.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using smartphones against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to the seizure report (voluntary submission), list of seizure, each investigation report, photographs of the victim taken by the victim, and the investigation report (the crime of violence confirmed in the seized suspect smartphone);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras and photographing them
1. Selection of a selective fine (the fact that no criminal record exists for the same type of crime and the depth of the crime is reflected);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 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 to Order;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, result, and the defendant's age, occupation, risk of recidivism.