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Defendant shall be punished by a fine of four million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
1. 피고인은 2016. 7. 19. 19:25경 서울 강남구 B에 있는 지하철 C 신분당선 환승 에스컬레이터에 탑승하여 가던 중 앞에 있는 옅은 주황색 치마를 입은 피해자 성명불상의 치마 속 허벅지 부위 등을 피고인 소유의 중국산 LeTV X500 스마트폰의 카메라 가능을 이용하여 약 2분 11초 동안 동영상 촬영하였다.
2. At around 19:49 on the same day, the Defendant, while putting the exit stairs No. 11 out of the above C identification party C, was exposed the victim’s her name unfolded, using the victim’s her part’s camera function as the camera of the above smartphone for about 46 seconds.
Accordingly, the defendant taken twice the body of the victims who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.
Summary of Evidence
1. Defendant's legal statement;
1. Seizure records;
1. Application of each statute on photographs;
1. Relevant legal provisions and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Specific Crimes concerning the crime, the selection of fines (the frequency of photographing and the frequency of photographing and the physical parts recorded, the initial crime and the reflection thereof, etc.);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 is obliged to submit personal information to the competent agency pursuant to Article 43 of the same
The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, results and seriousness of the crime of this case, exempted from disclosure order and notification order.