성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 11, 2014, at around 09:10, the Defendant taken the body of another person, who could cause sexual humiliation or sense of shameing using a cell phone camera function before the bus stops located in Seocheon-gu, Seocheon-si B, and taken the bucks of the victim C (the age 21), who was in possession of the cell phone camera function, and could cause sexual humiliation or shame using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Written statements of D;
1. Records of seizure and the list of seizure;
1. Image photographs of CCTVs near the site of the case, and black images of parking vehicles in the vicinity of the site of the case;
1. The response of digital evidence analysis results and the application of Acts and subordinate statutes on photographs restored from mobile phones;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
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 of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act
In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.