성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 8, 2014, from around 00:59 to 01:03 on the same day, the Defendant started a new station located in 106-1, Jungnam-gu, Seoul, Jungnam-gu, and went to ero-ro 3, Eul-do, the subway 2 line, which used the Defendant's cell phone camera function in the subway 2 line, and taken the front side of the bridge side and the telegraph of the victim C (Gam, n.) who sited in a seat facing the Defendant's cell phone function.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement about C (tentative name) and D;
1. Records of police seizure and list of seizure;
1. Application of the Acts and subordinate statutes to photographs by capturing the video;
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. 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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. In a case where a conviction of a defendant against a sex crime subject to registration of personal information is finalized, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act, taking into account the following factors: (a) the defendant's primary crime is the defendant's age, occupation, character and conduct, family relationship, and all of the sentencing factors indicated in the records, such as the age, character and conduct of the defendant; and (b) the circumstances before and after the crime is committed.
The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order shall be disadvantageous to the defendant.