성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On August 6, 2019, at around 19:23, the Defendant discovered that the victim D (e.g., 20 years of age) who suffered a short flab in Seoul Special Metropolitan City, Nowon-gu, Seoul, and subway 4 lines c, carried out a string of stairs, operated a camera function in the Defendant’s smartphone (galthoth 9), followed the victim’s back, and taken a straw, traw, bridge part, etc. under the part of the victim’s right line with the said smartphone.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Written statements prepared in D;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to investigation reports (Attachment of suspect photograph photographs).
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article
In light of the motive and circumstances leading to the instant crime, the Defendant’s age, occupation, and social relationship, etc., which led to the exemption from disclosure and notification orders, it is difficult to readily conclude that there is a risk of re-offending. The fact that the registration of personal information and the completion of sexual assault treatment programs alone appears to have the effect of preventing recidivism, and other benefits and effects expected from disclosure and notification orders, and disadvantages therefrom.