Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On July 19, 2013, at around 23:35, the Defendant discovered that the victim D (n, 24 years of age) entered female toilets in Bupyeong-gu Incheon Metropolitan City, and the victim entered a female toilet in order to take a urine image, and tried to take a urine image of the victim by raising a smartphone, which was in possession of the victim’s side partitions, into the partitions, to cut off the victim’s urine. However, the Defendant failed to take the victim’s image because it focused on smartphones properly.

Accordingly, the Defendant invaded on public toilets with a view to meeting his sexual desire, and attempted to photograph the body of the victim who could cause sexual humiliation or shame by using mobile phones against his will, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the results of field identification and fingerprinting at the scene of the crime;

1. Application of on-site CCTV-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes (the attempted to take photographs, such as cameras) and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The choice of each fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the defendant is 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 is obligated to submit personal information to a related agency

The age, occupation, risk of recidivism, and type of the crime in this case, of the defendant exempted from disclosure or notification order;