A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

피고인은 2017. 7. 10. 07:51 경 서울 구로구 C에 있는, D 역 5번 출구 상향 에스컬레이터에서 교복 치마를 입고 탑승한 피해자 E( 가명, 여, 15세) 의 뒤에 서서 자신이 소지하고 있던 아이 폰 6 휴대전화의 카메라 기능을 켜고 이를 피해자의 치마 밑으로 넣어 치마 속을 몰래 촬영하려 하다가, 이를 알아챈 피해 자가 뒤를 돌아보자 촬영하지 못하고 도주하여 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of Acts and subordinate statutes to the screen by cutting CCTV course;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. On November 30, 2016, the Defendant for reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act was sentenced to a two-year suspended sentence for eight months due to a planned indecent act committed against three women at the Incheon District Court’s Vice Branch on November 30, 2016, and the said judgment became final and conclusive on December 8 of the same year.

The defendant committed a sex offense against a female who is not aware of, without being taken place, even though he/she was under the suspension of execution, within seven months after he/she was detained in the above case.

Until now, no effort has been made to prevent recidivism, and it seems that there has been no proper reflectiveness.

The age victim satisfed satisfy, sexual humiliation, aversion, and insult.

It was impossible to receive a letter from the injured party.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

When a conviction on a sex offense subject to the registration of personal information becomes final and conclusive, the accused shall be punished for the sexual crime.