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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 April 19, 2014, at around 20:0, the Defendant taken a video image image of the victim B (V, 22 years old) who was holding the subway platform in Songpa-gu Seoul Metropolitan Government by using the cell phone camera function of the mobile phone platform.
Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a cellular phone function against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Video CDs;
1. Application of Acts and subordinate statutes on police seizure records;
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. Articles 70 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. Since the defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act was convicted of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if this judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.