A defendant shall be punished by imprisonment with prison labor for up to six 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 May 31, 2018, the Defendant: (a) around 17:17, 2018, the victim C (n, female, 37 years of age) entered a toilet on the 6-story 2nd floor of Bupyeong-si Btel; and (b) invaded into a female toilet according to the victim’s body in order to take a studio to view the th

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

2. At the above time and place, the Defendant: (a) recorded the Defendant’s mobile phone in which the Defendant was placed with the camera in front of the common partitions wherein the victim was placed, and taken a video image to view the victim’s sides.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame by using the cell phone camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant statutory provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (Infringed places for public use for sexual purposes, Selection of Imprisonment), and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; Selection of imprisonment with labor);

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. The reason for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) is that the defendant reflects his/her mistake in depth, and is fined against the defendant.