성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On May 4, 2016, at around 16:29, the Defendant taken video images using the galle S7 smartphone function carried on the victim B(S7 smartphones), which was located behind the victim B, within the 1st subway train from Osan-ro 236 to Osan-ro 59, an Osan-ro Cheongsan-ro Cheongsan-ro Cheongsan-ro 236.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of B and C;
1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which are applicable to the relevant criminal facts and the selection of punishment for sexual assault crimes;
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 to Order;
1. Article 48 (1) of the Criminal Act of confiscation;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant recognized the facts of crime and wrong.
In addition, it is recognized that the history of criminal punishment is not confirmed.
On the other hand, the responsibility is significant in that the victim caused a sense of sexual shame by taking a part of the damaged women by using the cell phone camera.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, a fine shall be imposed, and the completion of sexual assault treatment programs shall be ordered to prevent recidivism.
If a conviction becomes final and conclusive on a sex crime subject to registration of personal information, the defendant shall be personal information of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.