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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On October 19, 2014, at around 01:30, the Defendant taken the image of the victim D (W, 25 years of age) using the camera function of the mobile phone by inserting the cell phone owned by the Defendant into the public toilet of the “CPC” located in Young-gu, Suwon-si B, Suwon-si, and under the bottom of the female toilet partitions, the Defendant taken the image of the victim D (W, 25 years of age) with a cell image.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the mobile phone camera function against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement made to D by the police;
1. Seizure records;
1. Application of statutes on site photographs;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Selection of an alternative fine for punishment (the accused is against his/her will and the first offender shall be considered);
1. Articles 70 (1) 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 conviction becomes final and conclusive on the facts constituting a sex offense 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 the competent agency pursuant to Article 43 of the
In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, 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 of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.