성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Criminal facts
On December 28, 2016, at around 21:00, the Defendant taken pictures of women against their will using LG smartphone (Evidence No. 1) owned by the Defendant, which was located in Gangseo-gu Seoul Metropolitan Government D, using No. 9 E E, No. 1, 2016, on the part of the victim F (W, 43 years of age), and on the part of the body part of the above victim, from around September 20, 2016 to around the above day, on the part of the victim’s 41 occasions in total, such as the list of crimes in attached Form No. 41.
Accordingly, the Defendant taken the body of the victimized women against their will who could cause sexual humiliation or humiliation over 41 times using smartphones with the inner function as seen above.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of police investigation report (case on investigation of results of digital sirening on suspect's cell phones owned by the suspect) and the application of Acts and subordinate statutes to photograph image parts of digital sirens;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the motive, pattern, frequency, etc. of the instant crime, but the Defendant’s mistake is against the Defendant when committing the instant crime; the Defendant did not have any criminal record exceeding the same criminal record or fine; the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and any other conditions of sentencing as indicated in the record and theory of change, such as the circumstances after committing the instant crime, shall be determined as ordered, taking into consideration the following factors.
registration of personal information and.