성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant and the victim B(n, 27 years old) were in the past relationship.
1. Around March 25, 2018, the Defendant taken one-time am, tam, etc. of the victim who is in a physical state using his mobile phone camera in the Defendant’s residence located in Geumcheon-gu Seoul Metropolitan Government without the consent of the victim.
2. On April 1, 2018, at the same place as Paragraph (1) of this Article, the Defendant taken 10 instances of the victim’s her hair and her hair, who was diving by using the aforementioned mobile phone camera, without the consent of the victim, and took one time of the victim’s rear habits.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the victim's will.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of Acts and subordinate statutes on police statement No. B
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Punishment, etc. of Sexual Crimes Committed to Prison Detainment;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 provide personal information to a competent agency pursuant to Article 43
The defendant's age, occupation, risk of recidivism, details and circumstances of the crime, method and seriousness of the crime, record of the crime, disclosure order or notification order, and exemption of the disclosure order and employment restriction order.