Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On May 1, 2017, the Defendant, while playing a game in the Gangdong-gu Seoul Metropolitan Government 34th 7 DPC room on May 1, 2017, the Defendant: (a) followed the victim E (n, 24 years of age) who is the above PC guest, from the PC room to go to the toilet; (b) went into the female toilet to go out of the PC room; and (c) tried to take the body of the victim by inserting the Handphone under the partitions on which the victim reported the neck, but the Defendant did not have attempted to take the body of the victim by discovering the camera, and to take the Handphone, but did not bring the victim's sound away from the toilet.

Accordingly, the Defendant invaded on public toilets for the purpose of satisfaction of his sexual desire, and attempted to photograph another person’s body, which might cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. On-site reports (CCTV analysis);

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense and Articles 15, 14, and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective 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. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

In a case where the registration of personal information of the Defendant, who appears to have suffered a considerable sense of sexual humiliation, and the conviction of the Defendant against the instant crime is finalized, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.