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

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

Criminal facts

On March 26, 2019, at around 13:41, the Defendant: (a) boarded an escalator connected to the exit of the C Station in Gangnam-gu Seoul, Seoul; (b) laid down after the victim D (W, 31 years of age), who was faced with a short flac in his front of the Defendant; (c) laid down his cell phone camera under the victim’s flaca, laid up his cell phone camera and taken a screen picture of the part of the victim’s flaca; and (d) taken 35 times in total from March 14, 2019 to March 26, 2019 from March 14, 2019 to March 26, 2019.

Accordingly, the defendant taken each other's body against his will, which could cause sexual humiliation or shame by using a camera, etc.

Summary of Evidence

1. Defendant's legal statement;

2. Written statements of D;

3. Photographs of victims;

4. Application of Acts and subordinate statutes on seizure records and seizure lists;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act.

5. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, even though the defendant had been punished twice for the same kind of crime, once again commits the crime in this case, taking full account of the frequency of the crime, place of the crime, means of the crime, degree of damage and recovery thereof, circumstances after the crime, the defendant's age, character and conduct, and environment, and other various conditions for sentencing specified in the records and arguments of this case, such as the defendant's age

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information shall be registered and submitted, the accused shall be punished for sexual crimes.