성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On June 26, 2015, the Defendant, at the wording point of "C" located in Ansan-si B, around 19:30, and at the end of Masan-si, the Defendant took the body of the victims under the victim D (n, 17 years of age) and E (n, 17 years of age) who sought phrases at that place, while working in the image of smartphone, which was attached in advance to the end of Masan-si.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera, against their will.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of D and E;
1. Application of the police seizure protocol statutes;
1. Relevant legal provisions and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which each of the choice of punishment is applicable to facts constituting an offense, and the selection of each fine (see, e.g., Supreme Court Decision 2009Da1
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of 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. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the above Act.
However, it can be effective to prevent recidivism to a certain extent only with the initial crime, the registration of personal information.
In light of the fact that there is a special reason not to disclose personal information.
Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
It is so decided as per Disposition for the above reasons.