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

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

On August 29, 2018, around 08:35, the Defendant taken pictures of the victim using the cell phone camera function of the victim E (V, 29 years old) from the D subway Station platform located in Busan Jung-gu, Busan, following the victim E (V, 29 years old).

Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of a selective fine for punishment (including the fact that no criminal history exists and the victim is not subject to the punishment of the defendant);

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

[Determination]

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

7. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.