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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
On May 23, 2016, at around 18:56, the Defendant taken photographs of the victim E (n, 42 years old) Habbbbbbucks, etc. in front of the Defendant, using the Defendant’s smartphone (S5 galle S5 galle ju, Samsung galle ju) photographing function in a high speed terminal station located in Songpa-gu Seoul.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Seizure records;
1. Application of Acts and subordinate statutes on mobile phone pictures;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act were as follows: (a) the method and form of the instant crime; (b) the level and degree of photographed materials; (c) the Defendant’s age, sex, family environment, and circumstances before and after the instant crime were determined by comprehensively taking account of the sentencing conditions as indicated in the arguments.
The defendant did not receive a letter from the first offender who has no criminal record of criminal punishment that he/she properly recognizes and reflects his/her crime, and the victim becomes final and conclusive on the judgment that is a sex offense subject to registration to be registered and the registration of personal information 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 defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, result and seriousness of the crime is exempted from the personal information disclosure order and notification order.