Text
1. Defendant shall be punished by a fine of KRW 1,000,000;
2. If the defendant does not pay the above fine, fifty thousand won.
Reasons
Punishment of the crime
On September 4, 2013, at around 17:40, the Defendant taken the part of the part part of the victim’s body, which could cause sexual humiliation or sense of shame in line with their will, on the basis of a cell phone camera in possession of the victim C (V, 22 years old), who was going up with the aforementioned stairs, at the 2nd exit located in Nam-gu, Busan Metropolitan City. The Defendant taken the part of the part of the victim’s body that could cause sexual humiliation or sense of shame.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act on the Statement of Evidence C
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person subject to registration pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station (Provided, That where a person subject to registration is confined in a correctional institution or a medical treatment
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the Defendant shall not be ordered to disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose personal information.