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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 30, 2017, the Defendant taken a photograph of another person’s body against his will, using smartphone (Evidence No. 1) possessed by an escalator, which could cause sexual humiliation or sense of shame, by taking advantage of a smartphone (Evidence No. 1), from which it is impossible to identify his/her name at his/her own front.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. Investigation reports and investigation reports (video images of a victim stored in a suspect's smartphone);
1. Application of statutes on records of seizure and lists of seizure;
1. Article 14 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 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 sentencing of Article 334(1) of the Criminal Procedure Act is due to - unfavorable circumstances: (a) the nature of the crime is not weak in light of the background and content of the crime; and (b) the fact that on March 13, 2017, a person has a record of being sentenced to a summary order of KRW 2 million due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) on March 13, 2017; (c) the fact that there is no excess of fines; (d) the fact that there is no excess of fines; and (e) the defendant is convicted of the defendant on the criminal facts in the judgment that are subject to registration and submission of personal information, and the defendant is obligated to submit personal information to the related agency pursuant to Article 42(1) of the same Act.
The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information.