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Defendant shall be punished by a fine of one million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. On August 30, 2013, the Defendant: (a) around 19:20, while passing through the dry-in zone in the subway station of subway line 2 located in the Dong of Gwangjin-gu Seoul Special Metropolitan City, the Defendant discovered a female under the victim’s name unexpectedly recorded a fluor, and taken a video image of the lower body part of the victim’s fluorial body using a cell phone camera.
2. At around 19:25 on the same day, the Defendant discovered a victim’s nameless woman entering the subway line 2 in the subway line 7-3, Seoyang-dong, Gwangjin-gu, Seoul, by suffering scarba, and then taken a video image on the part of the victim’s body in the above manner.
Accordingly, the defendant taken two times against his will another person's body, which could cause sexual humiliation or shame by using a camera.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Application of the photographic Acts and subordinate statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article
The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effects that the defendant suffers due to the disclosure order or notification order of personal information, and the expected side effects.