Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 6, 2016, the Defendant became aware of the victim E (the age of 22) through the Internet game.

1. A quasi-indecent act by compulsion on August 8, 2016, the Defendant: (a) committed indecent act by compulsion on the part of the victim, who was under the influence of alcohol in the domicile of the victim F of the complete mountain-gu F in the front city on the part of August 8, 2016; (b) and (c) was exempted from the victim’s standing to resist; and (d) was in charge of the victim’s left

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken two times against his/her will using the camera function of the cell phone in which he/she committed an indecent act as above at the same time and place as set forth in paragraph (1).

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the seized mobile phone storage photograph-related Acts and subordinate statutes;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting the crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using camera, etc.) and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. As for the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act, inasmuch as the degree of indecent act against the victim is not weak, and the victim’s body is removed from the victim’s body after an indecent act is taken without permission, it cannot be deemed that the case is light. However, the Defendant’s consent to the victim who had a sense of view through the Internet game, as well as his/her consent to the victim’s life in the victim’s residence after drinking alcohol, was committed under the influence of undermining the victim’s body, and the victim and the victim agreed to do so.