Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall photograph the body of another person against his/her will, using mechanical devices, such as a camera, which may cause sexual humiliation or sense of shame.
On May 28, 2019, at around 18:08, the Defendant took a visual image of the victim using the Defendant’s cell phone phone 8 mobile phone camera in the city railway C, located in the city railway field B, which was located in the city railway field of Busan, Seo-gu, Busan, according to the following behind the victim D (n, 15 years of age), and used the Defendant’s cell phone 8 mobile phone camera.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The application of CCTV-cap photographs and the CD-related Acts and subordinate statutes, in which a suspect moving dong line or a suspect was recorded at the scene of the crime;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc
1. The age, family environment, and social relationship of the accused under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities ( December 11, 2018), the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, the history of the crime, and the details and motive of the crime;