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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
Criminal facts
On September 7, 2014, at around 03:34, the Defendant sent 309-dong 509, the Defendant’s residence of the Defendant, and 309-dong 309-dong 509, the victim D (n, 42 years of age), who was in a resistant relationship, unilaterally informed the victim. On September 7, 2014, 7 copies of the victim’s photograph taken with the consent of the victim, or was transmitted by the victim, were sent to E using a gallon 3 smartphone owned by the Defendant.
Accordingly, the defendant provided photographs of another person's body, which could cause sexual humiliation or shame, against the will of the person to be taken, using camera or other similar devices.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Application of the Acts and subordinate statutes on digital evidence analysis;
1. Relevant provisions of the relevant Act on criminal facts and Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, the selection of fines (the confessions and reflects by the accused, the fact that the accused has agreed with the victim, and the accused has no specific penalty power except twice a fine)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) and (3) 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. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous one shall be disclosed or notified in consideration of family relationship, the outline, etc.);
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused shall be punished for a sexual crime.