1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Punishment of the crime

On January 1, 2017, the Defendant, at the Defendant’s house room in Gwangju Northern-gu 105 Dong 404, 2017, taken pictures of the victim’s sexual intercourse with the victim C, using the video recording function of the smartphone (Aphone 6S) owned by the Defendant, and taken the victim’s sexual intercourse with the victim C on January 19, 2017, using the video recording function of the smartphone (Aphone 6S) owned by the Defendant. On January 21, 2017, the Defendant taken pictures of the victim’s sexual intercourse with the victim C, using the video recording function of the victim’s smartphone (S) owned by the Defendant.

Accordingly, the Defendant taken videos against another person's body, which may cause a sense of sexual humiliation, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (victim) and statement protocol with respect to the police of the victim (two times in case of revocation of complaint);

1. Application of Acts and subordinate statutes concerning police seizure records and list of seizure lists;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a defendant’s wrong recognition of his/her misconduct) (the defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime; the degree and anticipated side effects of the defendant’s disadvantage due to disclosure orders or notification orders; prevention and effectiveness of sexual crimes subject to registration that can be achieved therefrom.