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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 10, 2014, around 08:18, the Defendant took a fluoric image of the victim, following the victim non-victim female who was on board an escalator at the exit of the subway No. 6 of the subway No. 2 in Seocho-gu Seoul Seocho-gu, Seoul, and took the fluoric image of the victim with the cellular phone, while taking the fluor, bridge, etc.
Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Records of police seizure and list of seizure;
1. Application of the Acts and subordinate statutes concerning photographic images by capturing a photographic image;
1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Where a judgment of conviction against the defendant on the criminal facts subject to registration of personal information is finalized by taking into account the defendant's age, character and conduct, family relationship, social relationship, circumstances before and after the crime, etc., that the defendant has no record of the same crime and reflects his/her mistake, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.
The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved due to such order, and the victim.