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

If the above fine is not paid, 100,000 won shall be converted into one day.

Punishment of the crime

피고인은 2013. 5. 8. 16:45경 불상의 장소에서, 카메라가 내장된 피고인의 아이팟 전자기기(증제1호)를 이용하여 짧은 바지를 입은 성명 불상 피해자의 허벅지, 엉덩이 등 하체 부위를 동영상 촬영한 것을 비롯하여, 그 때부터 2013. 5. 15.까지 사이에 별지 범죄일람표 기재와 같이 총 306회에 걸쳐 같은 방법으로 성명 불상 피해자들의 하체 부위를 동영상 촬영하였다.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Investigation report (related to the analysis of cellphones);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) applicable to the crime

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

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

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: A fine not exceeding 10 million won;

2. Decision of sentencing criteria: Not setting the sentencing criteria; 3. Decision of sentencing: A fine of KRW 3 million shall be imposed in consideration of the initial crime and the fact that the selection of motion pictures taken is not serious.

In light of the fact that the accused is a U.S. person and is not aware of the whereabouts of the U.S. after the crime, the selection of the motion picture taken is not serious, and other circumstances, the accused cannot be ordered to attend the course or order to complete the program under the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.