Defendant shall be punished by a fine of three million won.

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

Punishment of the crime

On November 28, 2018, at around 00:03, the Defendant, in order to photograph women who look at the side in the first floor, male and female toilets in Seo-gu Incheon, Seo-gu, Incheon, in order to have a view in the male toilet space, the victim C (V, 50 years of age) was waiting to enter the female toilet space, and the cell phone of the Defendant entered the female toilet space below, taken the victim’s screen.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of CCTV photographs and statutes on site photographs;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

1. Articles 70 (1) 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, degree of disadvantage the Defendant was placed and the effect of preventing sexual crimes subject to registration to be achieved due to the disclosure order or notification order, the effect of protecting the victims thereof, etc.