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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On April 13, 2013, around 13:59, the Defendant took a photograph of approximately 17 seconds by driving a video camera with the Defendant’s cell phone (the age of 41) on the lower body part of the victim B (the age of 41) who was seated in the front line of the front line in the subway Station of Yangcheon-do Confucian School Station.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Seizure records;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)
1. Articles 70 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. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant is 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 a related agency pursuant to Article 43 of
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
It is so decided as per Disposition for the above reasons.