성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall photograph the body of another person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.
Nevertheless, the Defendant, while entering a toilet in Seocho-gu Seoul Metropolitan Government, was aware that the victim D (V, 48 years old) was melting a meltion in the next toilet, taken the body of the victim who was in his possession of his mobile phone as a toilet screen and considered a meltion under the toilet screen.
Accordingly, the defendant taken the body of another person who could cause a sense of shame by using the camera function of the mobile phone against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to D and E;
1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 submit personal information to
In light of the Defendant’s age, occupation, risk of repeating a crime, content 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 order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified.