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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On December 16, 2015, the Defendant: (a) had a sexual intercourse with a non-victim (e.g., age omitted) who became aware of the fact in Gwangju-si, Gwangju-si; (b) smartphone “C” application; and (c) had a sexual relationship with the non-victim (e.g., age omitted).
On December 17, 2015, at the same place around 07:30 on December 17, 2015, the Defendant taken several times against the victim’s will, using the Defendant’s smartphone camera function, to take back the back habits of the victim who sited above the her body.
The Defendant taken the body of the victim who could cause sexual humiliation or shame as above against his will.
2. On January 5, 2017, the Defendant: (a) around 23:00, at “Ecom” located in Gangdong-gu Seoul Metropolitan Government D; (b) had a sexual intercourse with the victim F (n, 19 years old) who came to know through a smartphone “C” application.
At around 01:00 on January 6, 2017, the Defendant taken three times against the will of the injured party, using the Defendant’s smartphone camera function. The Defendant taken three times against the victim’s side and back habits.
The Defendant taken the body of the victim who could cause sexual humiliation or shame as above against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Seizure records;
1. Application of Acts and subordinate statutes to a criminal investigation report (related toG dialogues and results of analysis of digital evidence);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 48 (1) 1 of the Criminal Act to be confiscated;
1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.
The defendant has not been agreed with the victims.