2018 Highest 3113 Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Coloring)

A

Kim Jong-hee (prosecution) and Lee Jae-hee (Public trial)

September 13, 2018

Defendant shall be punished by a fine for negligence in KRW 7,000,000 (live million).

When the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting the amount of KRW 100,000 (one hundred thousand) into one day.

For the accused, ‘the completion of the sexual assault treatment program for 40 hours' and ‘the restriction on employment for two years at child and juvenile-related institutions.'

Seized Aphone X 1 (No. 1) shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

Around 07:31 March 20, 2018, the Defendant taken pictures of the body of another person, who may cause sexual humiliation or shame on 18 occasions in total, as described in the list of crimes in attached Form 1, using cellular phone (Evidence No. 1) at Escopers in Seoul, Nowon-gu, Seoul. The Defendant taken pictures of the body of another person, who may cause sexual humiliation or humiliation, using a camera or other similar device with a similar function, from around that time to March 26, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A list of crimes, and a video file for crimes;

1. Existing presence under subparagraph 1 of this Article;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An employment restriction order;

The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Confiscation;

Article 48(1) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

In light of the content of the instant crime and social harm, etc., the liability for the instant crime is not easy. However, there is no criminal history against the Defendant, such as receiving psychological counseling, against his/her mistake from the investigation stage. There is no criminal history against the Defendant. The cellular phone device (No. 1) provided in the instant criminal act was immediately seized and no additional damage was incurred. Other circumstances shown in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive and background leading up to the commission of the crime, method and manner of the crime, and circumstances before and after the commission of the crime, etc., shall be determined by taking account of the following circumstances

Duties to register and submit personal information;

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant is subject to registration of personal information prescribed in 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

Exemption from Information Disclosure Order or Notice Order

Considering the Defendant’s age, occupation, risk of repeating a crime, type and motive of a crime, process of a crime, seriousness of a consequence and an offense, the degree and expected side effect of the Defendant’s disadvantage due to an order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., comprehensively, the Defendant shall not be ordered to disclose personal information under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, given that there are special circumstances where the disclosure of

Judge exclusive jurisdiction margin