Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On March 10, 2019, from around 00:00 to 01:00, the Defendant, while having a sexual intercourse with the victim B (the victim 22 years old), who was a residence of the victim B (the victim 22 years old), located in Busan Northern-gu, and the victim in D, taken a dynamic image of a telegraphic body, using a gallon A8 mobile phone camera in possession of the victim’s gallon who was in possession of a sexual intercourse after the victim, using the victim’s gallona in a gallona during the victim’s sexual intercourse.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act Article 334(1) requires strict punishment against the defendant in light of the following: (a) the nature of the crime is not good in light of the background, method, and content of the photographed video; and (b) the victim suffered severe mental pain due to the defendant's crime.

However, under the circumstances favorable to the defendant, the fact that the defendant recognized the facts of crime, the first offender, the victim appears to have deleted the above video from the cell phone immediately after the crime, and the fact that the victim does not want the punishment by mutual consent with the victim after the prosecution of this case is instituted, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as age, character and behavior, environment, family relationship, home environment, circumstances after the crime, etc., as well as various sentencing conditions shown in the records and arguments of this case.

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