Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 25, 2016, the Defendant started to come together with the Victim G G alcohol while drinking alcohol together with friendly job offer F, etc. at the main point of “E” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and became aware of the victim first.

On November 26, 2016, around 04:55, the Defendant, along with the victim and F, entered into the International Hostel 203 located in Seo-gu Incheon, Seo-gu, Incheon. From around 05:44 on the same day, the Defendant discovered that the victim and F had sexual intercourse with the victim and F in the state of body within 05:44 on the same day, and sought to photograph the image using a camera that was contained in the Defendant’s cell phone, but the victim did not take the above cell phone to the Defendant and did not commit an attempted crime by deducting the Defendant’s cell phone from his intent.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame against his will and attempted to take the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made by the police in relation to G;

1. A protocol of seizure and a list of seizure;

1. Notification of the department related to the report of 112 case, field photographs, reports on the results of analysis of digital evidence, printed materials of card settlement records, and photographs of the body of victims;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is as follows: at the time of the instant case, the Defendant and F had sexual intercourse that the victim does not want; and furthermore, the Defendant attempted to photograph the sexual intercourse between the victim and F, and the nature of the crime is not good.

However, the following favorable sentencing factors and the age, sex, environment of the defendant;