A defendant shall be punished by imprisonment for not less than eight 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 25, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places for sexual purpose) entered the toilet of the first floor of the B building in Gyeonggi-do, B in May 22, 2019.

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

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On May 25, 2019, at around 22:04, the Defendant: (a) taken visual images of the victim, where the victim, who entered the adjacent partitions of the toilet, collected a mobile phone with a camera function under the bottom of the partitions, thereby putting him/her into a melting screen.

B. At the same place at around 23:32 on the same day, the Defendant, at the same place, and at the same time, the victim C (n, 26 years old) opened side partitions of the toilet, and opened a cell phone with a camera function under the bottom of the screen, taken a screen of the above victim’s video.

Accordingly, the defendant taken the body of another person, which may cause sexual humiliation or shame, by using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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. 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 (The following extenuating circumstances among the reasons for sentencing);

1. The punishment, etc. of probation and orders to provide community service or attend lectures in sexual crimes;