Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On June 27, 2017, around 14:58, the Defendant entered a public toilet located in the C commercial building in Chungcheongnam-si, Chungcheongnam-si, in order to take the body of the victim D(33) (S) which was entered to view a melting side of the toilet, the Defendant stored smartphones with a camera function in a space below the partitions in order to capture the body of the victim's D(33). The Defendant taken a video image to view the melting side of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. 112 Reporting case handling table;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Photographs description;

1. Search warrant of seizure, request for digital evidence analysis, and report on the results of digital evidence analysis;

1. Application of Acts and subordinate statutes to investigation reports ( Results of requesting digital evidence analysis);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Criminal Crimes and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the taking of a camera) and the selection of a fine (the defendant, in a toilet, has taken a screen of the side of the victim, and the victim's personal right is heavier than that of the victim due to the act

Nevertheless, the defendant was unable to receive a letter from the injured party or to recover the damage.

However, even though the defendant has been subject to criminal punishment several times due to the confession of all the crimes of this case and the violation of the Military Service Act, he/she shall be sentenced to a fine in consideration of the fact that there is no criminal punishment for the same crime as the crime of this case, and the fact that the above video has been disseminated in another place is not discovered.

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. Article 334(1) of the Criminal Procedure Act, which provides the personal information of the provisional payment order.