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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 May 7, 2014, at around 16:47, the Defendant: (a) taken a visual image of the victim’s name in front of taking an escalator from the high-speed terminal station line 19-3 subway No. 7 of Seocho-gu Seoul Metropolitan Government, taking advantage of the Defendant’s mobile phone camera function.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.
Summary of Evidence
1. Defendant's legal statement;
1. The police seizure record and the list of seizure;
1. Application of the Acts and subordinate statutes of evidence photographs;
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. Article 70 of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act
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. In a case where a conviction against the defendant on the criminal facts subject to registration of personal information is finalized by taking account of the age of the defendant, circumstances before and after the crime, etc. that the defendant committed a crime against his/her wrong and does not repeat the crime, 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.