A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Around June 23, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in a public room for sexual purpose) entered the above toilets with the aim of photographing the victim’s body by reporting that the victim D (the age of 26) entered the toilet before the second public toilet for male and female use in the “C” restaurant building in Gangnam-gu Seoul, Gangnam-gu, Seoul, entered the toilet for the purpose of photographing the victim’s body.

Accordingly, the Defendant infringed on toilets, which are public use places, for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) tried to take photographs of the above victim's body, where the victim's body is reported to be melted by inserting his/her cell phone in the partitions to the left side of the toilet for public use of men and women as stated in paragraph (1) at the time and time set forth in paragraph (1) with his/her intention to operate the camera function and having the above victim go toward the above victim, but the said victim's body was not known to the wind.

Accordingly, the defendant tried to take and attempted to take the body of the victim who could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A list of CCTV photographs and cards used in a restaurant designated as the suspect;

1. Application of one certificate (No. 1) and one core chip (No. 2) to the seized mobile phone;

1. Relevant legal provisions on criminal facts, Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply), Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with labor, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The punishment, etc. of sexual crimes against probation and community service order;