1. The defendant shall be punished by a fine of seven million won;

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

Punishment of the crime

The Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, by using a camera or similar mechanism over two occasions, against his will, as follows:

1. On March 1, 2018, at around 06:19, the Defendant taken the body of the victim’s smilched with the victim’s D (n, 25 years of age) while drinking alcohol together with “C” restaurant operated by himself/herself in Busan Young-gu, Busan, the Defendant taken the body of the victim’s smilched with the victim’s D, using his/her “Aphone” portable phone.

2. On March 1, 2018, around 07:45, the Defendant taken pictures of the victim’s body in the guest room, “Fel” located in the Busan Young-gu, Busan Young-do, using the aforementioned portable phone, at the guest room (209).

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Police seizure records;

4. Report on results of analysis of digital evidence;

5. Application of each statute of photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article, of which the circumstances are heavier).

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. Various circumstances revealed in the records, such as the Defendant’s age, sex behavior, occupation, environment, and relation with the victim, etc., under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant appears to have committed each of the instant crimes under the influence of drinking, the Defendant’s perception of all of his/her crimes, and the misunderstanding of facts.