Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On March 8, 2018, at around 22:21, the Defendant taken one-time a photograph of the victim F (one-time, 16 years of age) who was located in the E history elevator located in the Namdong-gu Incheon Metropolitan City, using the mobile phone camera photographing function.

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. Statement made by the police with respect to F;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime (the following favorable circumstances among the grounds for sentencing) and the selection of fines (the following extenuating circumstances);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to 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 Sex Offenses against Juveniles [the defendant has a record of being fined twice for the same crime, but in this case, the defendant can expect that the registration of personal information alone would prevent recidivism of the defendant;

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Supreme Court Decision 201Do16863 Decided February 23, 2012 (see Supreme Court Decision 2011Do163, Feb. 23, 2012)

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case, which registered personal information of Article 334(1) of the Criminal Procedure Act, is affirmed.