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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 1, 2015, at around 09:30, the Defendant taken the image of the victim E (the age of 21) in which the Defendant’s cell phone, which was possessed for the purpose of meeting the man-ray and sexual desire in the female toilet column immediately next to the male toilet, was pushed out in the public toilet located in Seo-gu, Daejeon, Seo-gu, Daejeon, and the third floor DPC.
Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A report on the analysis of digital evidence;
1. Application of statutes on site photographs;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where the conviction of a defendant who has registered personal information of this case becomes final and conclusive in accordance with the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (the court shall not issue an order to disclose or notify the personal information of this case by comprehensively taking into account the risk of recidivism by the defendant, the type, motive, process of the crime in this case, the seriousness of the crime, the age, occupation, and anticipated side effects of the defendant's entrance due to the order to disclose or notify the information of this case, the preventive effects and effects of the sexual crime subject to registration which may be achieved therefrom, the effects of protecting the victim, etc.).