성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On August 22, 2014, around 08:40 on August 22, 2014, the Defendant taken visual images of the victim non-victims, such as the body clothes, legs, legs, etc. in the front line of subway 2, which had been operated from the shift station located in Seocho-gu Seoul Metropolitan Government Seocho-gu, to the Gangnam Station, with the cellular phone screen.
2. On August 22, 2014, around 08:53, the Defendant: (a) taken a motion picture of the victim, following the victim non-victims, who was frightened in the entrance, No. 10, in the subway Gangnam Station, located in the Gangnam-gu Seoul Metropolitan Government Station, and was going back from the entrance, and took the image of the victim’s stoke clothes, legs, etc. with the cellular phone.
Accordingly, the defendant taken two times against his will another person's body, which could cause sexual humiliation or shame by using a mechanical device similar to a camera.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to data to capture victims' photographic images;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the Criminal Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43
The age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, disclosure order or notification order of personal information is expected to be disadvantageous to the defendant due to the age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, and the disclosure order or notification order.