성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 17, 2013, at around 23:50, the Defendant taken a photograph of another person’s body against his will, which could cause sexual humiliation or sense of shame, using his cell phone camera, by putting the body of the victim G (n, 27 years of age) who was under influence of alcohol in an unclaimed room of the Felel in Gwangju Northern-gu E.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness G;
1. Application of Acts and subordinate statutes on results of digital evidence analysis;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Articles 70 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 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the judgment becomes final and conclusive taking into account the circumstances favorable to the following grounds for sentencing, such as the Defendant’s absence of record of punishment for a sex crime, etc., the circumstances leading to the instant crime, the Defendant’s occupation, and the relationship with the victim, etc., it is difficult to deem that there is a high risk of recommitting a sexual crime. In such cases, where the registration of personal information of the Defendant is finalized, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
Reasons for sentencing
1. The scope of punishment: Fines of 50,000 to 10 million won;
2. Determination of sentence: