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

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

Punishment of the crime

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.

Nevertheless, at around 03:56 on December 15, 2018, the Defendant sent video images from the victim D (nive, 24 years of age) and E, which are similar to VIP room toilets of the F club 2 level, to mobile phones, and around 04:01 on December 15, 2018, the Defendant sent the video images to the J-based reading room in Mapo-gu Seoul Metropolitan Government’s main point of “H” located in Mapo-gu, Seoul, using a mobile phone, with I who is an employee of the said main department.

Accordingly, the Defendant provided the photographing of another person’s body, which may cause sexual humiliation or sense of shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of E and D;

1. Report on internal investigation (Analysis of video works for distribution and domain names, etc. on distribution sites);

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that a case in which illegal photographs on the grounds of sentencing are distributed to persons who are not likely to commit a crime is not good, and the victim has suffered considerable mental suffering.

However, there is no record of criminal punishment against the defendant, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc.