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 September 17:40 on September 17, 2017, the Defendant reported that both men and women in the building B in Gwanak-gu in Seoul Special Metropolitan City and the second floor toilets are divided into partitions, and the victim C entered the toilet female space in male and female public toilets. The Defendant, who was in possession, sought a video image function of the cell phone camera, operated the video function of the cell phone camera with the cell phone camera, and then the victim taken the front of the part in which the victim sees the defense through the lower space.
Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using a mobile phone with the camera function against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement prepared in C;
1. Each protocol of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to investigation reports (related to statements by a victim), investigation reports (verification of motion pictures taken by a victim);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;
1. Article 70(1) and Article 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 to Order;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was subject to the disposition of suspension of indictment for the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in 2016 (Indecent Acts at public concentrated places). In light of the background of shooting, the Defendant’s crime of this case appears to have been dumped by the victim due to the instant crime.
However, considering the following factors: (a) the Defendant reflects the instant crime; (b) the Defendant has no particular criminal history; and (c) the Defendant’s age, sexual conduct, environment; (d) motive and consequence of the instant crime; (b) the circumstances after the instant crime; and (c) the contents of the photograph taken pictures, the sentence identical to the order shall be determined by comprehensively
A defendant shall be finally and conclusively convicted of facts constituting a sex offense subject to registration and submission of personal information.