Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

From around 22:18 to 22:50 on June 24, 2016, the Defendant discovered the Victim G (33 years old) who was sitting in F on the first floor of Songpa-gu Seoul, Songpa-gu, Seoul, with a short reflect, and found the Victim G (33 years old), taken smartphones and strings with the victim’s body body parts, etc. located in the Kameras, and taken off with the victim’s body parts, etc. from around 10:48 on April 26, 2016 to the above Si, the Defendant taken pictures against another person’s will of shame or 15 years of shame, such as the list of crimes committed in attached Form 1, 2,3,63,6,8,14,21,22,26,27,28, 30, 333, and 34.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of G and H;

1. Body photograph;

1. Seizure records;

1. Investigation report (related to the attachment of DVD-R, and the verification of screen pictures) (the defendant and defense counsel asserted that the motion pictures taken by the defendant are not taken by others that may cause sexual humiliation or sense of shame;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Punishment Act”) provides for the protection of the freedom of sexual freedom and without permission of a victim of a personality chain who commits an act of photographing another person’s body which may cause sexual humiliation or shame against his/her will by using a camera or other similar mechanism.

Whether the photographing body of a victim constitutes “the body of another person who may cause sexual humiliation or sense of shame” is objectively taken into account, from the perspective of the general and average person of the same gender and age group as the victim, whether the body falls under the body that may cause sexual humiliation or sense of shame, as well as not only the victim’s clothes, pictures, degree of exposure, etc., but also the circumstances leading up to the photographer’s intent, place, degree of photographing, and distance of photographing, etc.