Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

On December 28, 2018, at around 00:00, the Defendant taken a video image of the back of the body condition of the victim C (V, 21 years of age) who has sexual intercourse with the Defendant using the cell phone device of the Defendant with a camera function inside the guest room B of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and without the consent of the victim.

As a result, the defendant taken the body of the victim who could cause a sense of sexual shame by using the cellular phone with internal function against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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;

1. The punishment shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means of crime, circumstances after committing the crime, etc., under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities:

The favorable circumstances: The defendant recognized a crime, there is no record of criminal punishment against the defendant, photographed materials are taken of the victim's back condition, and it is difficult to view that the victim's identity is exposed to the victim's identity per se. The photographed materials are deleted by the victim and the cellular phone used in the photographing is destroyed and damaged, so they are disadvantageous to the degree that they are unlikely to spread the photograph: It is hard to say that the photographed materials are taken without the consent of the other woman's appearance of the sex relationship, and thus the crime is inferior to the nature of the crime, and it is convicted of the criminal facts subject