성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
On May 21, 2020, at around 10:30, the Defendant got into a 2nd female toilet of “C History” located in Mapo-gu Seoul, Seoul, and went into a toilet in a state where mobile phone pictures were taken, and the Defendant took a photograph of the victim D (e.g., 39 years old) who reported the use of the cell phone in the upper partitions by pushing the cell phone above, in a manner where the screen is being taken.
As a result, the defendant intruded a female toilet, which is a public use place used by unspecified majority for the purpose of meeting his sexual desire, and taken the victim's body against his will that could cause sexual humiliation or shame.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against the defendant regarding D protocol concerning the interrogation of the suspect;
1. Report on internal investigation of the Defendant’s written statement (related to the receipt of the case);
1. A report on internal investigation (on-site search and investigation – secondary inspection and analysis of CCTV images of buildings);
1. Each protocol of seizure and each list of seizure;
1. Application of Acts and subordinate statutes to investigation report (related to the analysis of files for committing a crime committed by a suspect);
1. Article 12 and Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (a point of intrusion into places for public use by sexual purposes), and the selection of fines for the crimes;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, and the relevant agency is subject to registration pursuant to Article 43 of the same Act.