Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

1. On April 16, 2017, at around 13:15, the Defendant taken pictures of the 41st century images of another person’s body that could cause sexual humiliation or sense of shame by taking pictures of the 41st century through the following side, with smartphone gallon ju, the Defendant, using S7 cameras, in the side column of the female toilet of the 2nd female 2nd floor, the Defendant owned by the Defendant, against his will.

2. Following the crime described in paragraph 1, the Defendant taken the body of another person, who could cause sexual humiliation or sense of shame, by photographing the victim E (here, 27 years of age) who seeks to breath at the same place on the same day at around 13:17 on the same day, in the same manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. As a result of the analysis of digital evidence, the defendant and his defense counsel asserted that the crime of crime No. 2 in the judgment constitutes an attempted crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as a camera, etc.) since the defendant had been clothesd by the victim at the time of photographing the victim.

According to the above evidence, as to the crime No. 2 of the judgment, the defendant tried to take a image of viewing the victim's melting the part of smartphone camera into the side partitions of the use side of the victim. The part taken by the defendant actually is the situation immediately before the victim sees melting the melting side of the toilet.

Whether the Defendant’s photographed body constitutes “the body of another person, which may cause sexual humiliation or shame” is objectively taken into account whether it constitutes a body that may cause sexual humiliation or shame from the perspective of the general and average person of the same gender and age group as the victim, as well as the victim’s body.