Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant was in a relationship with the victim B (54) (54) who is a customer at his/her own cafeteria.

1. On February 6, 2017, at around Kimpo-si, Kimpo-si, at around 01:19, the Defendant taken a video image with his/her cell phone where the victim’s sexual organ, etc. was exposed to the victim’s sexual organ, etc. without the victim’s consent, and the victim’s cell phone with the inner function of the Defendant’s chest.

2. The defendant has committed the same harm;

4. 2. Around 06:54, motion pictures taken as above 1. were transmitted to the victim’s spouse’s mobile phone without the above victim’s consent.

Accordingly, the defendant taken video pictures and transmitted them without the consent of the victim, which could cause sexual humiliation or shame.

Summary of Evidence

1. Each police statement made with respect to B or D;

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

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim.