성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 2,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Punishment of the crime
On December 22, 2016, at around 22:22, the Defendant, on the one hand, taken the body part of the victim, who could cause sexual humiliation by putting the said smartphone into the upper part of the body part of the victim, by inserting the smartphone on the part of the victim C (n, B), who was in his possession, in a female toilet of the 1st floor of the Busan Northern District B commercial building (Aphone 6S) and using a video recording function of the smartphone (Aphone 6S).
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
2. Selection of a selective fine for punishment (including any fact that there is no criminal history and any reflective fact).
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes after Completion of a sexual assault treatment program;
5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
[Determination]
6. Article 48 (1) 1 of the Criminal Act to be confiscated;
7. 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 submit personal information to the competent agency pursuant to Article 43 of the same Act.