Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On March 31, 2018, around 23:20, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) maintained the women’s appearance in which the said female toilets were located on the first floor of the Songpa-gu Seoul Metropolitan Commercial Building B, and invaded into the above female toilets with the intent to photograph the appearance in a camera.
Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.
2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of cameras, etc.) Defendant 1 tried to photograph the victim’s body against his will by photographing the cell phone with the inner function of the camera function in which the victim C (a person under 28 years of age) was exposed to the upper partitions of the available side which the Defendant was hiding, and by photographing the cell phone with the inner function of the camera function in which the Defendant was exposed, and by photographing it under the upper partitions, to take the victim’s body against the victim’s will that could cause sexual humiliation or shame, but the victim tried to detect the said mobile phone and sound. However, the victim attempted to commit an attempted crime by discovering the said mobile phone and passing the sound.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to C (tentative name);
1. Written statements of D;
1. A protocol of seizure and a list of seizure;
1. Each investigation report (Nos. 13 and 15 once a year);
1. Report on the results of analysis of digital evidence;
1. Application of the toilet structure Acts and subordinate statutes;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (the occupation of attempted use, photographing, such as a camera), and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Confiscation of the Criminal Act;