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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

At around 20:40 on October 24, 2017, the Defendant taken the body of the victim E (V, 25 years old) who was in front of the Defendant’s moving from the subway station No. 2 in Gwanak-gu, Seoul Special Metropolitan City to the opening entrance by taking advantage of his mobile phone image shooting function, and continued to take the body of the victim E (V, 25 years old) who was in front of the Defendant’s moving from the said subway station No. 3 mobile phone.

Accordingly, the defendant taken the body that could cause sexual humiliation of victims by cell phones against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information under Article 48(1)1 of the Confiscation Criminal Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the Defendant’s age, occupation, motive, method of crime, consequence and crime, seriousness of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the order to disclose or notify, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances under which the disclosure of personal information shall not be disclosed).

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, 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.