As to the crime No. 1 in the judgment of the defendant, a fine of two million won shall be imposed for the crime No. 2 in the judgment.

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act at the Suwon Franchisium, and on December 2, 2016, the said judgment became final and conclusive on December 2, 2016.

The defendant and the victim C(n, 46 years old) are married couples who are under separate jurisdiction.

1. Around September 2016, the Defendant, at a hotel with no knowledge of the trade name in Yeonsu-gu Incheon Metropolitan City from September 2016, 2016, performed the function of photographing his/her cell phone images, and taken a picture of his/her sexual intercourse with the victim by placing it to the customer before his/her bed.

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

2. Around June 2017, the Defendant, at the hotel located in Yeonsu-gu Incheon Metropolitan City, taken the body of the victim who was locked by using his/her cell phone image photographing function around June 2017.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement of police seizure and list of seizure (No. 5 and 6 No. 5);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of subparagraph 1 of the judgment and the violation of the Labor Standards Act, etc. of which judgment becomes final and conclusive);

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The order of provisional payment;