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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On January 27, 2016, at around 13:15, the Defendant taken a photograph of the victim’s body against the victim’s will who might cause a sense of sexual shame by taking a part of the body of the victim D (the age of 33) using a camera function of the cell phone owned by “C” female 1st underground of Gangnam-gu Seoul, Seoul, by taking advantage of the cellular phone function.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A protocol of seizure and a list of seizure;
1. Application of each written statement and the Acts and subordinate statutes governing the restored victim photograph;
1. 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes 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 43 of
In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.
Since it is judged, an order to disclose or notify the defendant.