Defendant shall be punished by a fine of KRW 1,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

On October 23, 2017, the Defendant, at around 21:36, 2017, laid a string in the food store “C” located in Yeonsu-gu Incheon Metropolitan City B, and taken a video image of the Defendant’s knife with a smartphone, which was possessed by the victim D(n, 46 years of age) entering the next partitions, while commencing the video shooting, with a smartphone, which was carrying the above smartphone. The Defendant’s knife as well as the victim’s knife between the Defendant’s knife section and the victim’s knife section.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of an alternative fine for punishment;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

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

7. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is subject to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.