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

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

Punishment of the crime

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, against the latter's will, using a camera or any other similar device, or distribute, sell, lease, provide, or openly display such photographs to the public.

Nevertheless, at around 10:44 on July 3, 2018, the Defendant distributed a total of 46 illegal photographs, such as in the separate sheet of crimes, using “D”, a P2P program installed in the Defendant’s Nowon-do computer in the Gu B apartment C, which is a P2P program installed in the Defendant’s Nowon-gu computer. In addition, the Defendant distributed a total of 46 illegal photographs by transmitting them to an unspecified number of people who connected the “D”.

Accordingly, the Defendant distributed photographs taken against his will of another person's body, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning the report of internal investigation and the closure data attached thereto;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, etc. under the following circumstances shall be determined as ordered by taking into account various factors of sentencing as shown in the records and arguments of this case, including the circumstances after the crime.

A unfavorable condition: The body of another person.