성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 1, 2017, at around 02:23, the Defendant: (a) taken a 1 minute 9-year screen image of a female toilet located in Jongno-gu Seoul Metropolitan Government building 4th floor “D,” using a camera function installed in the phone 6s owned by the Defendant, in which he/she gets off the victim E (V, 25 years old) and reported a melting side, in the direction below the toilet screen.
Accordingly, the defendant taken videos against his will, using devices similar to the camera, which could cause sexual humiliation or shame.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Phone-phone 6s and field photographs used at the time of committing the crime;
1. Police seizure records and list of seizure;
1. Application of the video CD-related Acts and subordinate statutes
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. Article 70(1) and Article 69(2) of the Criminal Act to attract 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) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender who has no record of punishment.
Recognizing the fact of crime, it is against it.
The crime of this case is not highly likely to be committed by photographing the appearance of female toilets.
The victim agreed to pay 2 million won for consolation money to the victim.
In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be comprehensively considered and all the sentencing conditions specified in the arguments in this case and the records shall be determined as the same sentence as the order.
Where a conviction becomes final and conclusive with respect to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using or photographing a camera, etc.) in the judgment that is a sex offense subject to registration to be registered, the accused shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment