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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 25, 2017, the Defendant tried to take the image of the Defendant’s smartphone image to practice the Defendant’s smartphone image function in order to take the image to view the change of the victim D (Influence, name) in the screen of the toilets for toilets of the building C in Suwon-si, Suwon-si, Suwon-si, and in order to take the side of the victim D (influence, name) in the side side side, and to gather smartphones under the bottom of the partitions, but it was not achieved by photographing only the part of the victim’s signal on the wind to discover it and sound.
The defendant attempted to take the body of the victim, who might cause sexual humiliation or shame, against his will, using a camera, and attempted to take the body of the victim against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to D;
1. A written statement of E;
1. A report on internal investigation:
1. Investigation reports (in response to results of digital evidence analysis);
1. Police seizure records and list of seizure;
1. Application of Acts and subordinate statutes to photograph seized articles inside the place of occurrence of the case
1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. There are special circumstances in which it is impossible to impose an order to complete a program, because it is difficult to expect effectiveness of recidivism due to a foreigner’s failure to communicate with the Korean language without smooth communication, and thus, it is difficult to do so;
[Judgment]
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Exemption Orders, 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 (the extent of disadvantage suffered by the Defendant due to the Defendant’s nationality, age, living environment, type and motive of the offense, the process of the offense, the seriousness of the offense, the disclosure order or notification order.