Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On November 2, 2019, at around 03:54, the Defendant: (a) took photographs of the victim who gets off from the Defendant’s cell phone camera function in order to drink and have a sexual intercourse with the victim D (name, fel, 29 years of age) who is a partner company of the same company in Seoul Special Metropolitan City, Gwanak-gu; and (b) taken photographs of the victim who gets out of the mouth by using the Defendant’s cell phone camera function.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to the field photographs of seizure records and seizure lists;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the selection of a fine concerning the relevant criminal facts and the selection of a fine

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) has taken the victim's body against the victim's will. In light of the motive, method, etc. of the crime, the nature of the crime is poor.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant was the first offender and there is no circumstance to deem that the photographed material was distributed to the general public; and (b) the Defendant’s age, character and conduct, environment, circumstances surrounding the commission of the offense, circumstances after the commission of the offense, and the sentencing conditions

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

An order of disclosure and notification shall be exempted.