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

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

Punishment of the crime

Around 08:00 on September 7, 2017, the Defendant taken the victim’s curhere by using the Defendant’s smartphone, where the Defendant had sexual intercourse with the victim D (V, 20 years old) with drinking alcohol on the day, along with drinking alcohol from the street of the new wall of Mapo-gu Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. The application of Acts and subordinate statutes to investigation reports (in response to requests for appraisal);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine to be imposed (to take into account the circumstances, such as the fact that the person's error is against himself/herself, the primary offender, the fact that the victim has agreed with him/her, and the video recorded has not leaked out of the outside);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where the conviction of the instant personal information registered in accordance with Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is 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 a related agency pursuant to Article 43 of the said Act.

However, it can be effective to prevent recidivism to a certain extent only with the initial crime, the registration of personal information.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.