성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
On July 5, 2015, the Defendant, at around 12:18, using the Defendant’s gallon function of a mobile phone juno No. 4 mobile phone camera, taken the gallon image of the female in front of the Defendant. From the above date to the 13:30 on July 5, 2015, the Defendant taken the gallon’s bridge part using the aforementioned cell phone camera function on a total of six occasions from the above date to the 13:30 on July 27, 2015.
Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using the camera function of the mobile phone against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning B;
1. Seizure records;
1. Application of Acts and subordinate statutes to investigative reports (Analysis of restoration photographs) and video photographs;
1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, the selection of fines (number of offenses, frequency of taking pictures and methods, the accused's objections, and the absence of previous convictions);
1. Articles 70 (1) 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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, the defendant is 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 obligated to submit personal information
The age, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the preventive effect of the sexual crime subject to registration which can be achieved due to it.