성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Punishment of the crime
On July 27, 2016, the Defendant, located in Gangnam-si B around 23:50 on July 27, 2016. The Defendant, in the D urban bus parked in C, taken the victim E (the age 21) who was seated and was reported out of the window by using the 3 camera function in Samsung Ggalp 3 in his possession.
As such, the Defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera, against his will.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Seizure records;
1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
2. Selection of an alternative fine (or, in most cases, most of the criminal records, there is no record of punishment for the same kind of crime, and the body part and part of the body taken, place of shooting, contents of shooting, etc. of the crime is serious;
Punishment as a fine in consideration of the fact that it cannot be seen)
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes after Completion of a sexual assault treatment program;
5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
[Determination]
6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register personal information, Article 334(1) of the Criminal Procedure Act, of the Provisional Payment Order.