Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. On July 5, 2016, the Defendant: (a) set up a 7 mobile phone in the window gallon of the Defendant, who was located in the Kameras in the C hotel room located in Gangnam-gu Seoul in Gangnam-gu, on a gallon; and (b) taken approximately 10 minutes of gender relationship with the victim without the consent of the victim D (V, 30 years of age).

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

2. On August 13, 2016, the Defendant taken a picture without the consent of the victim of the above victim, which was in a state where the part of the shoulder was revealed by covering the above mobile phone with breaking the f hotel room located in Busan Dong-gu, Busan, by using the aforementioned mobile phone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the G dialogue content Acts and subordinate statutes;

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

2. Selection of an alternative fine for punishment (to be selected by a fine in consideration of the fact that there is no record of punishment for the crime of the same kind, that photographs have been immediately deleted at the request of the victim while keeping them in custody, and that the contents of the photographs, water level, etc. cannot be confirmed due to technical problems);

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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

5. 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;

6. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, and profits and preventive effects expected by the disclosure order and notification order of this case.