Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On October 17, 2019, around 12:40 on the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant entered into a female toilet according to the victim for the purpose of discovering the victim C (a person, a person, and a person aged 34) entering the Busan Jin-gu B building underground, Busan, and discovering the victim C (a person, a person aged 34) entering a female toilet and photographing the victim's appearance.
Accordingly, the Defendant intruded on women's toilets of the above building B, which is a public use place, with a view to meeting sexual desire.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing) entered the date and place specified in paragraph (1), and entered the adjacent screen of the use side in which the victim C enters, and taken a video image of the victim, who is deemed to have a buphone8 smartphone in possession of the Defendant, for about 20 seconds by inserting the buphone8 smartphone off below the use screen and inserting it into a buphone, with approximately 20 seconds.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. The police seizure record and the list of seizure;
1. 112 reported case handling table;
1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places for public use for sexual purposes), and the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. A sex offender subject to registration under Article 334(1) of the Criminal Procedure Act shall be subject to the obligation to register personal information;