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A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
On August 15, 2016, at around 15:12, the Defendant taken video images of approximately 39 seconds in the panty and buckbucks for female women, using cell phone camera functions from subway 2 lines E stations located in Mapo-gu Seoul Metropolitan Government.
Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Application of each statute on photographs;
1. Relevant provisions 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 Aggravated Punishment, etc. (Consideration of the motive and background of the crime, frequency, method of photographing the offender, body part recorded, primary crime and reflectiveness, etc.);
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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 same Act.
In full view of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.