A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

【Criminal Power】 On October 4, 2018, the Defendant, at a general military court at the Korea Air Force Headquarters, sentenced five years of suspended execution to three years of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which became final and conclusive on October 12, 2018 and is currently in the grace period.

【Criminal Facts】 On December 27, 2019, the Defendant: (a) around 18:00 on December 27, 2019, at the first female toilet in Jung-gu Seoul, Jung-gu, Seoul; (b) reported the victim C’s entry into a female toilet; (c) taken the victim’s mind that the victim would have melt; and (d) entered the side partitions of female toilets; and (c) taken the image of the victim by using the Defendant’s cell phone camera under the narrow section below the screen.

Accordingly, the defendant intrudes on female toilets, which are public use places used by unspecified majority for the purpose of meeting his sexual desire, and photographs the body of the victim who could cause sexual humiliation or shame using mobile phones against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. A report on the analysis of digital evidence;

1. Blender's response data USB;

1. Previous records of judgment: Criminal references, replys to requests made for inquiry as a result of disposition of a case, and the application of statutes governing the judgment;

1. Article 12 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (including Intrusion upon places of public use with intent to satisfy sexual desire) and the selection of imprisonment with prison labor for the crimes;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Confiscation.