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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
. The Defendant A (24 years of age) and the Victim B (20 years of age) who committed the crime are two months of teaching restriction years at the time of the instant case.
On October 21, 2019, around 04:00, the Defendant taken a dynamic image with a smartphone in possession of a sex relationship with a drunk victim****** the victim's residence.
Accordingly, the defendant taken sexually related images against the victim's will, using a mechanical device with a camera function, which could cause sexual humiliations.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Application of Acts and subordinate statutes to investigation reports (as to refusal to submit a moving image);
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information
In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes, and the disadvantages and expected side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where the disclosure and notification of Defendant’s personal information or the issuance of employment restriction orders to children and juveniles-related institutions and welfare facilities for disabled persons should not be ordered. Thus, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes