Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 22, 2015, around 08:18, the Defendant intruded into the Jung-gu Seoul Central District, 225 subway No. 4, Eastern Station, Cultural Park Station, 277, female toilets underground, operated mobile phone functions, and tried to photograph the victim B (n, 25 years old) in the upper part of the partitions, but did not store the images taken by the operating errors.
Accordingly, the Defendant committed an act of intrusion on public places for sexual purposes, and attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Seizure records;
1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 12, 14 (1), and 15 (Occupancys, etc. of Use of Cameras, etc. and on Special Cases concerning the Punishment, etc. of Sexual Crimes), and selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) of the Criminal Act of confiscation;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure 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 a related agency pursuant to Article 43 of
The full consideration of the age, occupation, risk of recidivism, motive, progress and 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 effects of sexual crimes subject to registration which can be achieved therefrom, and the protection effect of the victim, etc. shall be comprehensively considered.