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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
【Criminal Power】 On May 2, 2019, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties at the Daegu District Court, and one year of suspended execution, and the said judgment became final and conclusive on May 10, 2019.
【Criminal Facts】 The Defendant is all aware of the victim B (here, 25 years old).
On March 30, 2019, at around 04:00, the Defendant discovered the victims who suffered from shorter sprinks in the “D” club located in Daegu-gu, Daegu-gu, and took photographs of the victim’s bucks, bucks, bucks, and bridges using smartphone’s camera functions.
Accordingly, the defendant taken the body of the victim against his will who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. A E-document;
1. 112 reported case handling table;
1. Photographs of the victim stored in the suspect's photograph;
1. Each report on investigation;
1. Previous convictions in judgment: References to criminal records and criminal investigation reports (Attachment of separate judgments against a suspect) shall apply to statutes;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the criminal liability of this case was not somewhat weak in light of the content of the crime of this case, the defendant is sentenced to the same punishment as the order of the defendant, taking into account the following factors: (a) the defendant has led to the confession of the crime; (b) the defendant has no criminal record of the same kind; (c) the victim has not been punished against the defendant upon agreement with the victim; and (d) the latter concurrent crimes under the latter part