A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around February 12, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Infringed Public Places for Sexual Purpose) intruded into C Women’s Public Toilets located in Mapo-gu Seoul Metropolitan Government in order to photograph female victims’ images.

Accordingly, the defendant invadeds on women's toilets to satisfy the defendant's sexual desire.

2. Although the Defendant, at the time and place under paragraph (1), tried to photograph the images of the victim, who had a cellular phone in the Defendant’s possession, posted by a camera, in an inner space below the lower part of the screen, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.), did not take them as a failure to manipulate the change of the camera screen.

Accordingly, the defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame, against his will, but did not bring about such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Exposure Crimes (a person who attempts to take photographs using a camera), and the selection of fines;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. On November 4, 2015, the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on the Grounds for the Sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) was committed on November 4, 2015, which had been sentenced to a fine by this court, but has not yet passed thereafter, again committed the instant crime including the same crime.