A defendant shall be punished by imprisonment with prison labor for up to six 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

On December 2, 2019, the Defendant, at around 21:40, intended to purchase subway tickets prior to the issuance of tickets No. 53 in the C Station B located in Busan, for the purchase of subway tickets, followed by the victim’s name and unsatisfed box, and attempted to take the satisf of the victim’s cellular phone owned by the Defendant, but failed to operate properly, and thereby attempted to take the satfs of the victim’s cell phone.

Accordingly, the defendant tried to photograph the body of the victim who could cause sexual humiliation by using a camera, against his will, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the 112-Report case processing table, CCTV images to the photographic Acts and subordinate statutes;

1. Article 15 and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020) applicable to the relevant criminal facts and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes selected to be punished;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service is that the crime of this case is committed by the cell phone and the crime of this case is committed by the attempted crime, and the crime is very bad in light of the background and method of the crime.

Although the defendant had been already punished for the suspension of imprisonment with prison labor due to the same crime, he is highly likely to be subject to criticism in the crime of this case.

However, in light of the fact that the defendant shows an attitude of pening and reflecting the wrong, the defendant is treated with respect to alcohol, etc., and the crime of this case is committed in the course of crime of this case, the defendant is sentenced to a punishment more than once, but the execution of the sentence is suspended.

Where a conviction against a defendant becomes final and conclusive on the facts constituting an offense on which the personal information is to be registered and submitted, the defendant shall obtain personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment,