A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 9, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on October 17, 2019 and the judgment became final and conclusive on January 17, 2019.

【Criminal Facts】

The defendant is a person who has no fixed occupation.

At around 22:42 on July 29, 2018, the Defendant had a woman who sees the sides in public toilets take photographs, and had the Defendant’s cell phone faces the sirens of the cell phone camera inside the screen by pushing the Defendant’s cell phone, and taken two times the victim C (the age 21) who reported the change in the public toilets.

Accordingly, the Defendant intruded on the public use places such as toilets for the purpose of meeting his own sexual desire, and taken the body of the victim who could cause sexual humiliation or shame by using the cell phone camera against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (a CCTV verification made at the entrance of a toilet), a report on internal investigation (a CCTV image on the convenience point of the first floor of the generated building), a report on investigation (a photographs of the crime committed again by the injured party), a report on investigation (a crime committed again by the injured party), a photograph to capture CCTV in the Control Center;

1. The closure of CCTV images and application of Acts and subordinate statutes to photographs;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Selection of imprisonment, etc.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning concurrent crimes, the latter part of Article 37 of the Criminal Act and the latter part of Article 39 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, among concurrent crimes;

1. An order to restrict employment of children or juveniles;