성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100.
Punishment of the crime
On May 28, 2016, the Defendant, at around 01:00, taken pictures of the Defendant’s smartphones located in women’s toilets located in Kameras, which are located in Kameras, in a toilet room located in Kameras, and considered the victim D (V, 19 years old) as video.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Records of seizure, lists of seizure and photographs of seized articles;
1. On-site photographs;
1. Images of CCTV-cap and CCTV video CDs;
1. Response to the request for appraisal, application of the restoration CD-related Acts and subordinate statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime, consequence and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.