A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On April 8, 2020, the Defendant taken pictures of the victim’s bridge, a female under the name of the Defendant’s cell phone, who is a female influoring on the escalator, using the Defendant’s cell phone, in C Station located in Gangnam-gu Seoul, Gangnam-gu.

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

2. At around 23:00 on April 18, 2020, the Defendant tried to take a meltion of the victim F (year 21) by putting the cell phone in a space between the storage crepans by using the Defendant’s mobile phone in the boiler room located in Gangnam-gu Seoul, Gangnam-gu, Seoul. However, it was demanded that the victim be discovered and sent out of the toilet.

Thus, the defendant tried to take the body of the victim against the will of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, but did not bring the intent to take the body of the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to photographs, such as records of seizure and photographs of seizure lists;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), the selection of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Protection of children and juveniles against sexual traffic who are subject to employment restrictions order under Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes