Text
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. 피고인은 2016. 3. 6. 04:00 경 천안시 서 북구 B 건물 1116호에 있는 피고인의 집에서, 당시 교제 중이 던 피해자 C( 여, 28세) 가 옷을 벗은 상태로 잠을 자고 있는 틈을 이용하여, 피고인이 소지하고 있던 휴대폰을 이불 속으로 넣어 휴대폰 후 레 쉬를 켠 상태로 휴대폰 카메라 기능을 이용하여 피해자의 음부를 동영상으로 촬영하려고 하였으나 피해자가 몸을 뒤척이자 그 뜻을 이루지 못하고 미수에 그쳤다.
2. On the same day, the Defendant tried to photograph the sound parts of the victim by using the camera function of a mobile phone held by the Defendant in the same manner as paragraph 1 of 08:00 on the same day, but the victim did not have the intent but failed to do so with the wind.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Sound CDs;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Articles 15 and 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the facts constituting an offense;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. In a case where a conviction on the instant criminal facts becomes final and conclusive, the Defendant who registered personal information is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act, inasmuch as the Defendant is subject to registration of personal information under Article 42(1) of the same Act.
The age, occupation, risk of recidivism, and crime of the defendant exempted from the disclosure order or notification order.