1. The defendant shall be punished by a fine of five million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
1. At around October 21, 2019, the Defendant attempted to take photographs of the victim D (tentative name, b3 years old) who reported a change in the front column for female use, and did not take photographs of the victim D (tentative name, 23 years old) in the front section for female use, which is located in the 'C' restaurant located in Dongjak-gu Seoul Metropolitan Government, on October 21, 2019, by inserting his own smartphone in the front section of the 'C', which is adjacent to it, through upper drilling space. However, the Defendant failed to take photographs of the victim D (tentative name, b3 years old) who reported a change in the front section for female use.
Accordingly, the Defendant attempted to take and attempt to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
2. The Defendant was placed in the above date, time, and place, and the victim was laid in his hand and mobile phone in order to take the image of the victim’s booms, such as the statement in the preceding paragraph, where the victim reported the booms.
Accordingly, the defendant invadeds on the room possessed by the victim.
Summary of Evidence
1. Statement of each police statement of the defendant concerning D's legal statement;
1. Application of the Acts and subordinate statutes on seizure records and seizure lists of each digital evidence analysis results, replies, photographs of criminal tools, site photographs, and photographs;
1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Articles 14 (1) (the attempted use, photographing, and photographing of camera, etc.) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Article 319 (1) of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.