A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 26, 2018, at around 15:37, the Defendant: (a) entered the victim C (man, 26 years of age) into the women’s toilet located in the second floor of the D Building in Gyeyang-gu, Gyeyang-gu; (b) entered the said women’s toilet according to the victim; (c) entered the cleaning tool that is immediately adjacent to the light partitions in which the victim entered; and (d) taken the body of another person, which may cause sexual humiliation or sense of shame using the camera, by photographing the appearance of the victim’s entry into the use of the camera, which the victim would have taken against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Probation, community service order, and order to attend lecture under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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

1. The reasons for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is given are recognized and reflected in committing the crime.

In agreement with the victim, the victim does not want the punishment of the defendant.

It is highly likely that the method of crime would cause sexual humiliation and uneasiness of victims by photographing a studio from the toilet.

On August 24, 2012, the Defendant had been sentenced to imprisonment with prison labor for one year and two years of suspended execution for committing a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Cmerasation and photographing of Kameras, etc.) in his/her high-level district court support on August 24, 2012.

Nevertheless, the crime of this case was committed again.

The age, character and conduct, occupation, environment, motive, background, means of crime of the accused, and others.