성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
피고인은 2020. 3. 24. 20:38경 수원시 팔달구 B에 있는 1호선 C역 지하환승통로 하행 승강장으로 오르는 에스컬레이터 앞에서 성명불상의 피해자를 따라가 자신의 휴대전화에 설치된 촬영음이 나지 않는 ‘Ulike' 어플을 작동시켜 위 휴대전화를 피해자의 치마 속에 집어넣어 1회 동영상 촬영하였다.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on investigation (specific case);
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 14 (1) of the relevant Act on Criminal Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the punishment is selected;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in full view of all the circumstances, including the Defendant’s age, type of crime, method of crime, social benefits expected by disclosure and notification orders, the effects expected by employment restriction orders, the disadvantage and anticipated side effects of the Defendant therefrom, etc.), where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information, the Defendant is punished against a sexual crime.