성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
On June 26, 2017, the Defendant was in a female toilet located in the Daegu-gu Incheon Metropolitan City apartment commercial building on June 23:50
A victim D (Woo, 21 years old, Ga) who entered the side partitions, put the cell phone (No. 1) owned by the Defendant, in the partitions below the partitions, and photograph the body of the victim.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with respect to D;
1. All on-site photographs;
1. Application of statutes on records of seizure and lists of seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.
It is difficult to readily conclude that the registration of personal information and the number of sexual assault treatment programs can result in the prevention of recidivism, and that the type, motive, process, disclosure order, or notification order of the instant crime is considered as a whole, such as the degree of disadvantage and anticipated side effects of the Defendant’s injury, prevention of sex crimes subject to registration, and effects of the protection of victims.