성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On July 14, 2014, at around 08:0, the Defendant taken a screen image of the victim D (V, 17 years of age) who is in front of the crosswalk, using the Kamera function of the cellular device in his possession, in front of the crosswalk, at the center of “C” restaurant in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.
Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mechanical device with a camera function against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Police seizure records;
1. A report on the analysis of digital evidence;
1. Application of the CD-related Acts and subordinate statutes to video restoration data;
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 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. Since the defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act was convicted of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if this judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.