Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 17, 2016, at around 19:48, the Defendant taken the c (n, 25 years of age) the fat of the victim in front of the Defendant using the cell phone camera function in the subway line, which moves from the street stations located in Guro-gu Seoul Metropolitan Government to the additional digital group.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Determination as to the defendant's photographic pictures and defense counsel taken by the defendant

1. The Defendant asserted that he was using a cell phone with another person in a video call, and the Defendant was only engaged in a video call with another person, and the other party in the telephone was extinguished and transmitted again to the Defendant. As such, the Defendant cannot be deemed to have taken the spawn of the victim.

2. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that an act of photographing another person’s body, which may cause sexual humiliation or shame, by using a camera or other similar mechanism, shall be punished against the latter’s intent. The crime shall be deemed to have occurred when the image information of the victim reaches the input status in a film or storage device contained in a camera or any other device equipped with similar function.

However, the devices such as a mobile phone with digital camera or video function appearing due to the development of recent technological text, even if the exposed image is stored before it is stored in the form of electromagnetic file, etc. by the user, etc., once it begins, the exposed image of the victim is immediately recorded, such as RAM in the device.