성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
On September 18, 2016, around 20:0, the Defendant entered the business place of similarity with “D” located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, as a customer, and installed one clock-type camera in the front line, which was prepared in advance, on the top of the victim E (Ga name and inn), taken the victim of this Chapter after receiving oral instruction from the victim E (Ga name).
As a result, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanical device, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement statement (E, F (tentative name);
1. On-site photographs;
1. Each investigation report (in cases of attaching data to the closure of text messages submitted by witnesses, and presented to victims);
1. Application of Acts and subordinate statutes concerning data on Internet screening of clocks in sight;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
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. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.
The exemption of the disclosure order and notification order has no record of punishment for sexual crimes before the crime of this case, and the registration of personal information can prevent the recidivism of the defendant to some extent.
In the case where a formal trial is requested only by the defendant, the principle of prohibition of disadvantageous alteration is applied, and the defendant's age, occupation, family relationship and social relationship, and the contents and circumstances of the crime in this case.