A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Power] On August 14, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the branch court of the Busan District Court. On December 1, 2018, the Defendant completed the execution of the sentence in the Busan District Court.

【Criminal Facts】

No body of a person who may cause sexual humiliation or sense of shame, using a camera or other similar mechanism, shall be taken against the will of the person subject to filming.

1. On December 31, 2018, the Defendant, at around 04:00 on December 31, 2018, took photographs of the shape of the victim D (the 29 years of age), who had taken a shower voice in the hallway room by the Defendant’s residing in Busan-si B in order to smoke, after hearing from the corridor to smoke, and who had taken a shower voice in the hallway room by the Defendant’s cellular phone, and who had the victim D (the 29 years of age) show her body.

2. On January 2, 2019, the Defendant committed a crime on January 2, 2019, at around 20:50 on the places indicated in paragraph (1), and was placed at the window of a bath room in which the Defendant’s cell phone is opened, and the images of the victim showed with the body of the body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame on two occasions by using a camera or other devices with similar functions, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Seizure records;

1. On-site photographs;

1. Video pictures taken from mobile phones;

1. A report on the analysis of digital evidence;

1. Each report on internal investigation:

1. Each report on investigation;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;