A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Punishment of the crime

On January 17, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Seoul Western District Court (hereinafter “Seoul Western District Court”), and on August 24, 2018, the said judgment became final and conclusive and conclusive on August 24, 2018, and is currently under suspension of execution, and on July 19, 2019, the said judgment became final and conclusive on the 27th of the same month.

Criminal facts

On May 14, 2019, at around 18:27, the Defendant: (a) taken each image (33 seconds, 38 seconds) on the part of the victim’s bridge using his own cell phone, following the back of the female victim’s name in the subway line No. 6 subway line B located in Jung-gu Seoul, Jung-gu, Seoul; (b) taken the front part of the victim’s bridge with his own cell phone; (c) taken the front part of the victim’s bridge with his own cell phone; and (d) taken a video (52 seconds) on the front part of the victim’s knife, she continued to take up his cell phone under the knife function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police seizure record and the list of seizure;

1. Investigation report (Analysis of suspect mobile phone storage files);

1. Photographs of seized articles;

1. The CD;

1. Previous convictions in judgment: The application of criminal records and investigation reports (verifications during the period of probation) and Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act is a crime.