Text
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. 피고인은 2015. 5. 13. 20:50경 용인시 수지구 광교중앙로295번길 3, 1층에 있는 농협하나로마트 광교점에서 피의자의 갤럭시노트2 휴대전화기에 내장된 카메라를 이용하여 짧은 주황색 치마를 입은 성명불상 여성의 다리와 엉덩이 부위를 사진 촬영하고, 같은 날 21:35경 수원시 권선구 C에 있는 피고인의 집에서 위 휴대전화를 이용하여 인터넷 사이트인 네이버 카페 “D”의 게시판 “므흣사진/총집합”에 위 사진을 업로드하였다.
2. On May 25, 2015, the Defendant taken a photograph of the chest part of a female employee of a restaurant with a white stringr, using a camera installed within the two mobile phones of a suspect at a F restaurant located on the first floor of the building in Suwon-si Suwon-si E, and up to 16:42 on the same day, the Defendant posted the above photograph on the Internet site bulletin board as set forth in paragraph (1) using the cellular phone in the H Lestop where the Defendant working on the second floor of the building in the Suwon-si, Suwon-si.
As a result, the Defendant took photographs of the body of another person, which may cause sexual humiliation or shame, against his/her will, using a camera or other devices with similar functions, and displayed the photographs openly.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation (as regards notices suspected of being posted, referring to the report);
1. Application of Acts and subordinate statutes to report on investigation (in case of specifying the suspect's photographing place); and
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The defendant taken a photograph of the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against him.