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 13, 2017, at around 22:55, the Defendant: (a) opened a bathing room window in front of the residence of the victim C (n, 14 years of age) located in Nam-gu Incheon Metropolitan City, which was closed between the victim and the victim’s shower in the bath room; and (b) recorded the victim’s b body using the Defendant’s cell phone camera function for three to five minutes of video against the victim’s will.

Accordingly, the Defendant taken videos against his will, using the cell phone camera function, the body of another person who may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

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

1. Application of the Acts and subordinate statutes governing post-scambling and CCTV images to the victim before committing the crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account the Defendant’s age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved by an order to disclose information, disadvantage the Defendant’s entrance, etc.