Text
Defendant shall be punished by a fine of KRW 9,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 16, 2017, around 09:56, the Defendant: (a) taken pictures of the victim’s 160 bridge and her mar, etc. over a total of 160 times from May 18, 2016 to May 16, 201, using the LG G5 mobile phone camera function of LGG G5 mobile phone, which installed “C” which does not have sound; (b) the victim’s mar and her bridge; and (c) the victim’s mar from May 18, 2016 to May 16, 200.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera, against their will.
Summary of Evidence
1. Statement by the defendant in court;
1. The investigation report (the confirmation of the charge of analyzing the cell phone of seized articles);
1. Application of the list of seizure and the statute verifying seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 48(1)2 and (3) of the Scrapping Criminal Act;
1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and the registration that can be achieved due to such order.