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 April 19, 2017, around 07:49, the Defendant: (a) opened a mountain train for subway 1 lines from the calendar station to open the station; (b) taken the body and spawn of the victim C (n, 27 years old) nearby the Defendant using his cell phone with the inner function of the camera function in the number-free train; and (c) taken the body and spawn of the victim C (n, 27 years old).
Accordingly, the defendant taken a photograph of another person's body that may cause sexual humiliation or shame against the victim's will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of seizure records and statutes concerning the list of seizure;
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. 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.
There is no criminal history prior to the instant case.
The victim agreed to pay the agreed amount to the victim.
However, for the reason that the defendant is suffering from mind, it is very bad that the defendant had the victim with several days of time, and eventually taken the spawn.
The victim duplicated dump, insult, sexual humiliation, and fear.
In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.
When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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 head of the competent police office pursuant to Article
disclosure order; or