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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
Criminal facts
No person, despite having taken another person's body, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism, shall photograph the latter person's body:
1. On January 21, 2015, around 00:34, at the Defendant’s residence, the victim C (n, 19 years of age) who was playing in the said residence was exposed to panty in a toilet and taken panty against the victim’s will.
2. At around 19:40 on the 26th day of the same month, at one place in the 3rd floor public toilets, the members of Ansan-si, the Dolsan-si set up the sirens of smartphones (LTE-A) with the Defendant’s camera function in the upper part of the partitions, making it clear that the sirens of the smartphones (LTE-A) with the Defendant’s camera function in the upper part of the partitions, and taking pictures against the victim E (n.e., 28 years of age) using a display case that can automatically be taken once every three seconds of the 3 seconds, which could cause sexual health of the victim E (n.e., 28 years of age).
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation;
1. A E-document;
1. Application of photographs taken on a mobile phone;
1. Relevant provisions on criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of fines (including the confessions and rebuttals of the accused, the fact that the accused agreed with the victim E, the fact that the accused is the primary offender, and the fact that the accused has yet to be aged as university students);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) and (3) 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the primary offender, family relationship, etc.