1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Punishment of the crime

On May 6, 2016, at around 09:30, the Defendant tried to take a part of the victim’s body, who was laid down with his own cell phone in the second partitions in order to take a image of the victim F, which is the first column, from a female toilet located in the 32th floor, Guro-gu Seoul Metropolitan Government E-gu, and the victim discovered a mobile phone and escaped from the body part of the victim, while the victim tried to take a part of the victim’s cell phone, who was laid down with his arm’s length, by spreading his arms into the width.

As a result, the Defendant invaded the victim's body without permission on the first column of the above female-use toilet, which is the room possessed by the victim, and attempted to photograph the victim's body, which could cause a sense of sexual shame by the mobile phone camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning restored site photographs;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room), Articles 15 and 14 (1) (the point of attempted taking pictures, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines for the crimes;

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

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 Committed to Order.

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

6. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: The fact that the defendant attempted to photograph the victim's photograph, which is deemed to be melted by entering a female toilet without permission, etc. is inferior to the nature of the crime, and that the mental impulse suffered by the victim is seems to be considerable, due to damage inflicted by the defendant who is a volunteer in the workplace;

1. favorable circumstances: The defendant's wrong and reflects the defendant's wrong; the defendant's crime of photographing is about attempted crimes and is the first offender who has no record of criminal punishment;