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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 22, 2015, at around 09:20, the Defendant discovered the 20-year young women suffering from the satisro in the chin pattern from the subway 7 lines in subway 309, the Geumcheon-gu Seoul, Geumcheon-gu, Seoul, by means of the mobile phone camera function, taken the victim’s satma, bridge, etc. as dynamic image.
Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Police seizure records;
1. Application of the photographic Acts and subordinate statutes by capturing the video;
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. Where a conviction against a defendant who has registered personal information under Article 48 (1) 1 of the Criminal Act 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 be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43
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.