성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
At around 06:50 on August 31, 2018, the Defendant, using the Defendant’s mobile phone at the Defendant’s residence located in Jeju Island B C, taken a cell phone of the victim D (the victim, the victim, the 25 years of age), titts, and the panty, and taken a breath of the victim at around 07:0 on the same day.
Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a mechanical device with a camera function against the will of the person to be taken.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, and investigation reports (digital sirens attached thereto);
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information; (b) 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; (c) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); (d) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (e) the Defendant’s age, occupation, family environment; (e) social relationship; (e) criminal record; and (e) risk and effect of recidivism; and (e) disadvantages and side effects therefrom, the Defendant’s personal information is disclosed or notified.