2015 Highest 2302 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Gamgraphing

Category ○○ (the 89-years, South Korea), medical doctors (the Dozinton in a university hospital)

Accommodation-si

Gyeong-dong, Gyeong-dong, Original domicile

For transfer (prosecutions). On the same hand, on the second hand (Trial)

Law Firm Daeong, Law Firm

Attorney Kim Jong-soo in charge

August 2015 8.20

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Facts of crime

On February 16, 2015, at around 20: 00, the Defendant taken a photograph of the victim 1 ○○○ (n, 26 years of age) (n, the 26 years of age) and sound photo of the Defendant’s smartphone camera, which had been under influence of alcohol, using the Defendant’s smartphone camera, in which the Defendant had previously been installed, and transmitted the Defendant’s friendship ○○○ and five persons, including the Defendant’s friendship facs, to the five persons.

Accordingly, the Defendant taken photographs of another person's body, which might cause sexual humiliation or shame, against his will, using a camera, and distributed the photographs.

Application of Statutes

1. Relevant Articles of criminal facts;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Optional to Imprisonment)

1. Aggravation for concurrent crimes;

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

1. Order to complete a program;

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

Reasons for sentencing

In addition, there are circumstances under which the defendant should give up the elbel of a specialist called a doctor who has been obtained at the end of efforts during various years, and the defendant seems to have repented his own crime after the crime of this case, and his parents and relatives wanted to grow up with the defendant's preference. In addition, the defendant has no history of criminal punishment except for the crime of violation of the Road Traffic Act of 2014, which is punished by a fine of 4 million won.

However, in light of the following facts: (a) the Defendant’s act of taking the body and sound of the victim, etc. between the victim and his her her friend on the first day of the first day after the Defendant introduced the victim from her friend; and (b) took the pictures of the victim’s friend and friend to friend; and (c) the Defendant’s act of taking the pictures to friend friend to friend friend friend, etc. before and after the crime was committed; (b) rather than understanding the Defendant’s friend dialogue message, etc. between the Defendant and friend friend friends, it appears that the Defendant’s friend friend friend to satisfy friend friend’s sexual desire and the success of friend relationship with friend friend is very poor in view of the following factors: (c) the Defendant’s friend friend frithm.

In addition to these circumstances, the sentencing conditions prescribed in Article 51 of the Criminal Procedure Act, such as the defendant's age, character and conduct, environment, etc., as shown in the records and arguments of this case, shall be determined as per the disposition. Personal information to be submitted.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant 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 Violence Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Disclosure Order and Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of the crime, disclosure order or prohibition order, the degree of disadvantage and anticipated side effects to be affected by the Defendant’s entrance, the preventive effect against sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, seriousness of the crime, disclosure order or prohibition order, the order to disclose or notify personal information shall not be issued to the Defendant pursuant to 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 Child against Sexual Abuse.

Judges Yang Jin-soo