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Defendant shall be punished by a fine of KRW 2,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
On August 21, 2017, at around 19:35, the Defendant: (a) discovered the victim E (n.e., 24 years old) who was suffering from a short fest 1st floor from the first floor of the underground point D located in Busan Jingu, Busan, the Defendant taken the parts of the body part of the victim’s flag by using a smartphone camera with a prior installation of a smartphone camera with a flag, using the victim’s flag, as shown in the attached list of crimes; and (b) taken the flag part of the body part, etc. of the women who suffered a short 19 times in total, against their will, as in the list of crimes in the attached Form.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using smartphone cameras against his/her will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to response results from digital evidence analysis;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;
2. Selection of an alternative fine (a punishment shall be imposed in consideration of various circumstances, such as the defendant's criminal history, background of the crime, details of shooting, agreement with the victim, etc.);
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;
6. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information shall not be disclosed and notified.