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
The defendant is a male-child Gu before the victim B (V, 21 years old).
On May 12, 2017, at around 02:00, the Defendant taken a picture of about 10 minutes using mobile phone camera functions without the consent of the injured party to have sexual intercourse with the victim who was taken by the Defendant in Ansan-si, the members of Ansan-si, C, and Non-Party C.
Accordingly, the defendant taken photographs against the victim's will by using a camera.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of IMG-7.MV, IMG-7.MG-7.MG-7348.MV statute
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.
In full view of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure disclosure order and employment restriction order, the preventive effect and effect of the sexual crime subject to registration that can be achieved, the effect of the victim protection, etc., there are special circumstances in which the Defendant may not disclose personal information or place employment restrictions.
Since it is determined, an order of disclosure, notification and employment restriction order shall not be issued to the defendant.