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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, against the will of the person to be taken, by using a camera or other similar mechanism.
1. On August 18, 2018, the Defendant committed the crime of August 16, 2018, around 16:53, up to the male toilet column near the 16th square line of subway No. 1, which is located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, the Defendant took a video image of the victim’s sexual organ, a male who is a man on the non-existent name, using the camera function, by inserting his/her opon SE mobile phone apparatus in the following section:
2. On February 3, 2019, the Defendant committed the crime on February 3, 2019, around 03:53, around 03:53, in the male toilet column B, Dongjak-gu Seoul Metropolitan Government, the Defendant: (a) included his/her opphone SE mobile phone apparatus in the cresh below the studio column; and (b) taken three-time photographs of the victim, a male, who is a man on the name of the urine, who considers the urine in the urine system, by using the camera function
3. On February 22, 2019, the Defendant, at around 17:10 on February 22, 2019, taken twice a photograph of the victim E (the age of 28) (the age of 28) who is able to sculpate in the 3rd male toilet of “D” located in Gwangjin-gu Seoul Special Metropolitan City, by inserting his opphone SE mobile phone apparatus in the sculde below the sculde column, and using the sculine function in the sculine.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Records of each seizure and the list of seizures, photographs of screen pictures and reports on analysis of digital evidence at source;
1. Report on investigation (Correction of the frequency of photographing), investigation report (participation in the seizure of digital forensic extracted data), application of the Acts and subordinate statutes on seized articles CDs;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); and Article 17264 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, May 19, 2020).