Text
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
1. On October 18, 2017, the Defendant invadedd a structure on the 1st floor of the commercial building managed by the victim J of the victim J of 1, 2017, and even though there was a separate distinction between male and female toilets, the Defendant entered a female toilet and intruded the structure of the victim.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);
A. At around 13:19 on the same day, the Defendant entered the first partitions of the above toilets and connected the inner camera with the mobile phone, and then sealed the body of the victim who is not viewed as urine in the adjacent partitions by inserting the camera under the partitions, and taken a screen picture between 12:43 seconds and 43 seconds after driving the victim.
B. At around 13:36 on the same day, the Defendant taken the body of the Victim K (Woo 35 years old) to view the urine in the next partitions in the foregoing manner at the above place. The Defendant taken the dynamic image between approximately 73 seconds following the death of the victim.
Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.
Summary of Evidence
1. Statement by the defendant in court;
1. The K's statement;
1. Police seizure records;
1. Application of Acts and subordinate statutes to a report on investigation (based on digital evidence analysis) and the results of digital evidence analysis;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) (a) (a point of taking photographs, such as a camera), Article 319(1) (a) (a point of intrusion on a structure) of the Criminal Act, and the choice of fines;
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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to submit personal information is finalized, the accused is subject to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.