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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
At around 07:40 on August 19, 2016, the Defendant: (a) taken an lux picture of the victim 1 minute 50 seconds using the Defendant’s mobile phone fluor “E”, which was set up in the central line D station platform platform in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with blue fluor, following the victim’s name influor; and (b) taken the lux picture of the victim fluor over about 1 minute 50 seconds by using the Defendant’s mobile phone fluor, which was set up on the Defendant’s mobile phone.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (Attachment of photographs of evidence found on the cell phone of the suspect);
1. Application of seizure records and statutes concerning the list of seizure;
1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
The reason for sentencing is determined by comprehensively taking account of the following conditions, such as the defendant's age, occupation, sex, family relation, and circumstances before and after the crime.