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

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

Punishment of the crime

On June 2, 2018, at around 21:52, the Defendant: (a) placed flab in the Esplate that moved to the ground of the exit No. 1 of the B subway Station in Gwangjin-gu Seoul Special Metropolitan City, and placed flab in the Esplate, immediately after the victim D (n, 34 years of age, and Ga) that flabed in the Esplate; (b) flabed the cellular phone with the victim’s bridge function as the carmer function, and taken the clothes of the victim’s flab.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. Each investigation report (No. 4,5,7,10,11,14,21) ;

1. Recording notes;

1. A report on the analysis of digital evidence;

1. Application of CDs or CCTV image-related Acts and subordinate statutes;

1. Article 14 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

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

1. Article 47(1) and Article 49(1) of the Criminal Procedure Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure and notification order under Article 334(1) of the Provisional Payment Order, proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, consequences and severity of the instant crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved thereby, there are special circumstances that may not disclose and notify personal information.)