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

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

On November 20, 2017, the Defendant posted two photographs showing the back-up condition of the victim E, taken by the Defendant in his/her name, using his/her mobile phone at the C Campping site located in Gyeonggi-gun B, which is open to the public, so that anyone can view the victim E’s upper half of his/her body, and displayed the photographs taken by the Defendant using a device equipped with similar functions, such as a camera, etc., in a manner that makes it possible for anyone to view, the Defendant displayed them openly against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to a closure photograph of a Lone Star gram and each investigation report (Evidence Nos. 4, 11);

1. Article 14 (2) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempt from disclosure orders, notification orders, and employment restriction orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities has no record of punishment for sex offenses, and orders to complete sexual assault treatment programs to prevent recidivism to a certain extent.