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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
On August 26, 2017, at around 03:30, the Defendant discovered the Victim F (Y, 25 years of age, 25 years of age) who was divingd in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon. Using the Defendant’s cell phone camera function, found the victim’s image that was exposed to the upper half of the year through the victim’s window, and transmitted it to H and I through G Group hosting on the same day.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the cell phone camera function against his will and provided it.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Application of CCTV image-related Acts and subordinate statutes to E Gosiwon;
1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (the initial crime, the fact that the victim agreed with the victim, and all the other factors of sentencing);
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. If a conviction on each of the facts stated in the judgment that constitutes a sex offense subject to registration and submission 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 thus, is obligated to submit personal information to the head of a related agency pursuant to Article 43
In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.
Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.