Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

At around 09:40 on May 4, 2020, the Defendant used the part of the victim’s body, such as her but not limited to a mobile phone, in order to take the part of the victim’s body, such as her but not limited to a mobile phone, in order to take the part of the victim’s body, such as her but not limited to an attempted crime, using the part of the mobile phone, which was held behind the victim C (name, her and her part) in India around Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the defendant tried to photograph the body of the victim who could cause sexual humiliation or sense of shame against his will, but attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. 112 reported case handling table;

1. The defendant and his/her defense counsel asserted to the effect that he/she merely heard a motion picture with a cell phone at the time, and did not work the camera function. The "crime of photographing using camera, etc." under Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is established by photographing another person's body, which may cause sexual humiliation or other shame, using a camera, etc., against the latter's will. Here, the "recording" refers to the act of inputting video information into a film or storage device contained in a camera or any other device with similar function. Therefore, in order to punish the criminal as an attempted crime, it should be recognized that the criminal act was commenced. Accordingly, in order to have the commencement of the crime, the victim should be identified as being subject to filming, and the victim should be engaged in specific and direct activities to input video information with the device, such as a camera, focusing on the body of the victim through the siren, etc. (see, e.g., Supreme Court Decision 2011Do16171, Jan. 17, 2017).