성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
Around November 2010, the Defendant took photographs of a woman’s body suffering from a short flag using nitron D900 camera at the meeting site of the Gangnam-gu, Seoul, against his/her will, and posted such photographs on B, a site specializing in the sharing of blamer photographs, as shown in the attached list of crimes, at least 57 times in total, from July 201 to July 201, the Defendant took photographs against another person’s body, which may cause sexual humiliation or sense of shame using the above camera, and displayed them on the above site for public display.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to photographic materials taken by the suspect on the website;
1. Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) concerning the crime under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where the conviction of the accused is finalized on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.
The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of crime, degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim, etc. shall be considered comprehensively.