Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On May 31, 2015, at around 13:40, the Defendant: (a) parked in the D parking lot located in Seo-gu, Seo-gu, Gwangju, Gwangju; (b) made the victim quickly enter the victim’s sexual organ in the F Driving Driving Vehicle driven by the victim E (V 59 years old); and (c) taken the image by using the car camera filled in the Defendant’s cell phone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness E;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

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

1. Where a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which personal information may not be disclosed or notified.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.