성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of five million won.
If the above fine is not paid, one hundred thousand won shall be converted into one day.
Punishment of the crime
On January 21, 2019, at around 08:00 to 08:30, the Defendant taken the body of the victim against his/her will, by photographing the body of the victim who might cause sexual humiliation or sense of shame, she exceeded clothes at the mutual influence of the trade name in Yeongdeungpo-gu, Seoul, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police with regard to B;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes concerning the contents of conversation;
1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 48 (1) of the Criminal Act of confiscation;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 32(1)1 and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the application for compensation filed by the applicant for compensation shall be made after the closing of argument in the instant case and shall not be lawful): The Defendant infringed the victim’s sexual self-determination by photographing the body against the victim’s will.
In addition, the victim seems to have suffered mental pain due to fear that the photographer can spread.
The defendant was unable to receive any suspicion from the victim.
The favorable circumstances: The defendant recognized his mistake and has no record of being punished for a crime before.
The photograph taken by the defendant was deleted.
In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.
Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive when a conviction on the facts constituting a crime on which personal information shall be registered and submitted.