A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 22:35 on April 23, 2019, the Defendant taken the body of the victim D (tentative name, E. 52 years old) who had performed a video function against his/her will in the camine common toilets, by inserting one opon, which had been laid up in the cambal partitions, which had been reported a cambine in the side partitions.

Ultimately, the Defendant took photographs of a person’s body, who could cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (to have telephone conversations for witnesses);

1. On-site photographs;

1. Application of Acts and subordinate statutes to the records of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. 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 Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, even though there was a record of having been punished by a fine of KRW 3 million in the year 2019 due to a crime that intrudes into female toilets and took the form of the victim’s appearance, the Defendant committed the instant crime, which again took the form of melting in the toilet.

Defendant acknowledges and reflects crimes.

In addition to the above circumstances, punishment shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, the relationship with the victim, etc., and the conditions for the sentencing

When a judgment of conviction is finalized for a crime of registering personal information.