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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
1. On September 30, 2016, at around 12:34, the Defendant taken photographs of the parts of the body of the victim, who is not known of the name of the victim, who was placed prior to the Defendant’s use of the recording function of the camera images of the Plaintiff’s LG mobile phone, which is a machine that is equipped with the camera function in the open-gu, 7-gu, U.S. car camera function, located in Suwon-si B, Suwon-si, Suwon-si, 2016.
2. On September 30, 2016, around 16:04, the Defendant taken photographs of the victim’s bridge part, on which the Defendant’s cell phone photographed by using his/her screen pictures, a machine that is equipped with a camera function at No. C, No. 7, an open-gu, U.S., Kamera, located in Suwon-si B, Suwon-si, Suwon-si, and the Defendant’s cell phone photographed by using his/her screen pictures, and the victim’s bridge part, the name of which is unknown, is unknown.
Accordingly, the defendant taken two times against his will another person's body, which could cause sexual humiliation or shame by using a mobile phone camera.
Summary of Evidence
1. Statement by the defendant in court;
1. An investigation report (a copy of the video CD and a closure photograph related to an extracted crime);
1. Application of statutes on records of seizure and lists of seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
The defendant is exempted from the disclosure order or notification order.