Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

피고인은 2017. 4. 27. 00:35 경 구미시 B 소재 C 주점 남녀 공용 화장실의 남자 용변 칸에서, 옆의 여자 용 변 칸에서 용변을 보는 피해자 D( 여, 가명) 의 모습을 촬영하기 위하여, 피고인 소유의 스마트 폰의 카메라 기능을 켠 후 변기를 밟고 올라서 서 칸막이 윗부분으로 손을 밀어 넣어, 성적 수치심을 유발할 수 있는 피해자의 신체 부위를 몰래 촬영하려고 하였으나, 피해자에게 발각되어 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Police seizure records;

1. As to the report on internal investigation (as to the attachment of photographs):

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a response to a request for digital siren);

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The instant crime was intended to photograph a woman’s body, which is viewed as being melting a boom by entering a toilet for both men and women, in light of the method of crime, etc., where the nature of the crime is bad in light of the method of crime, etc., circumstances in which the victim seems to have suffered a considerable sense of sexual shame: recognition of and reflects on the crime; the first offender; the victim also desires to break the Defendant’s wife; and the Defendant’s age, sexual behavior, family relationship, motive and background of the crime, and circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the text of the instant case.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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.