성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On August 7, 2015, around 08:05, the Defendant discovered the victim B (the age of 27) who was waiting for a bus in front of the bus stops located in the Manan-gu Syan-gu, Manyang-si, Syan-si, Syan-si, and tried to take a photograph of the victim by using the Defendant's mobile phone image photographing function, and then discovered the victim and attempted to take a photograph of the victim.
Accordingly, the Defendant attempted to take photographs of another person's body, which could cause sexual humiliation or shame, against his will, using a camera.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the B’s written laws and regulations;
1. Article 15 of the relevant Act on Criminal Crimes and Articles 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 to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 334(1) of the Criminal Procedure Act provides for a fine in consideration of the following factors: (a) the mental suffering of a victim with severe mental suffering and the failure to take advantage of the victim; (b) the fact that there is no record of the same kind of crime; and (c) the prosecutor’s old punishment. Where the conviction of the defendant who has registered personal information is finalized, the defendant is 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 (c)
However, in light of the fact that there is no criminal history of the same kind of crime and the fact that the registration of personal information alone seems to have an effect to prevent recidivism, it is judged that there is a special reason to not disclose personal information, and thus, it is not ordered to notify the disclosure of registered information.