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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On December 5, 2018, the Defendant, at around 20:55, 20: (a) was accommodated in the Defendant’s cell phone camera shooting room in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the victim B (at 22 years of age), and was taken by the Defendant, who was in his possession of the Defendant’s cell phone camera shooting and panty panty leash, with the victim’s rear stroke.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using devices similar to the camera, against the will of the victim.
2. The Defendant taken photographs at the same time and place as above in the preceding paragraph, and sent a copy of the victim’s back-to-face photograph, which was panty leached and panty folded, to the Defendant’s cell phone-friendly D’s cell phone, on the same date and at the same place as above.
Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Police Statement Report Act to B and D
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 14(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), the selection of each fine, etc.
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are that the victim's back habits, who took clothes of his/her ward, has been exposed to his/her relative, and it is not good that the crime is committed.
(b).